Lasting Power of Attorney questions.

Discussion in 'Legal and financial issues' started by netsy22, Nov 5, 2015.

  1. netsy22

    netsy22 Registered User

    Oct 31, 2015
    257
    I want to get LPA (both types) for my mum who has mild to moderate dementia. I have found a solicitor who will charge £400 +£220 to register them. Mums doctor will charge £150 for a capacity assessment. Can it be done cheaper? How easy is it to do it yourself? What id the GP decides mum is to capable of giving consent to this?
    Has anyone experienced the assessment? Would it be stressful to her? She got upset by the memory test when she was being diagnosed.
     
  2. stanleypj

    stanleypj Registered User

    Dec 8, 2011
    10,675
    North West
    #2 stanleypj, Nov 5, 2015
    Last edited: Nov 5, 2015
    It can certainly be done cheaper. There's no need to involve solicitors or doctors.

    Members have posted about doing it online. It does seem relatively straightforward. I used a solicitor and regretted it. He made a ridiculous mistake and I ended up having to do a lot of work myself.
     
  3. CynthsDaugh

    CynthsDaugh Registered User

    May 5, 2015
    140
    Salford, Lancashire
    That cost is in line with what I paid a solicitor to do one for Mum.

    The on-line forms are quite simple and there is a lot of guidance. I only went to a solicitor due to not having someone to be the certificate person (GP refused to do it, probably as she hadn't been registered with them for long, and she hadn't seen any of her cousins for over two years and my sister was to be back up attorney).

    My Mum didn't have a capacity assesment in the process, the certificate person confirms they have capacity which is why they need to have known them for some time or be a professional eg. solicitor or GP - is the GP doing this (and charging) in order to be the certificate person?
     
  4. Kevinl

    Kevinl Registered User

    Aug 24, 2013
    4,776
    Salford
    You don't need a certificate to say they have capacity, if the solicitor is happy that at the time they sign they understand what's happening then fine.
    It may be the solicitors want to cover themselves at your expense.
    As said just do it online.
    K
     
  5. lin1

    lin1 Registered User

    Jan 14, 2010
    9,320
    Female
    East Kent
    #5 lin1, Nov 5, 2015
    Last edited: Nov 5, 2015
    you can certainly do it cheaper if you feel able to do it yourself, I have just completed an LPA online for my dad
    Their are wo types, finance and property , health and welfare they cost around £110 each to register.
    I do recommend you do both.

    if you use a professional as a certificate provider they will charge,so do shop around.
    one cousin is going to be a certificate provider her sister is going to the witness.
    I have a post on here about how easy I found it plus a link to the official LPA site
    http://forum.alzheimers.org.uk/showthread.php?86496-Doing-LPAs-Online-is-EASY-now
     
  6. Beetroot

    Beetroot Registered User

    Aug 19, 2015
    362
    If you need, or want, to alter anything or put in restrictions, you may need help with the wording, or think it through very carefully, othewise the online process is pretty straighforward as long as you read it and don't rush.
    A long standing friend and former neighbour of my mother provided the certificate and we notified a couple of cousins using the online form for that. There was no problem at all with registering on that basis.
    They tell you the donor can self certify the copies, if they have capacity to do that, but I have been told by my mother's savings manager and the lawyers acting for her in selling her house that they won't accept her self certifying as they would have to check capacity. It's therefore cost to use a solicitor to certify the copies.
     
  7. Beate

    Beate Registered User

    May 21, 2014
    11,740
    Female
    London
    You definitely do not need a solicitor. The forms are easy enough and you can even fill them in online. All the solicitor would do is fill in the info you give him! The registration cost per LPA (please do both) is £110 but if the donor (your Mum) is on certain benefits it's free, or if they have under £12,000 a year coming in, it's half-price. You also do not need to pay anyone for a capacity assessment. What you need is a good friend or neighbour of your Mum's to act as certificate provider. They must have known her for at least two years and be happy that she understands in the moment what she is signing. Of course, if there is the possibility of anyone in her family disputing the POA, then a formal capacity assessment might be an idea.
     
  8. Slugsta

    Slugsta Registered User

    We did Mum's financial POA ourselves, I must get on and do the H+W one. Her GP charged us £35 to do the certificate, I will try and find someone else to do the next one. Other than this, the only cost involved was registering it. I think Mum is probably exempt (or entitled to a reduction at least) but her paperwork is a bit of a mess so I couldn't supply the documentation needed to prove this.
     
  9. filbert

    filbert Registered User

    Nov 5, 2015
    3
    Worcestershire
    I did my parents LPAs online and it was straightforward. It takes time but you can save it and go back to it as you work through the questions. There's no harm in having a go and, if it seems too complex, you can stop and get someone else to do it for you. There's a lot of info on the site to help you.

    The key question is whether the donor has capacity to sign the form or not. We had a long-standing neighbour who certified that my parents were capable of understanding and signing the forms. There was no need for any expensive professionals.

    If the donor no longer has capacity (ie they can't understand what they're signing and the implications), then I think it is too late to make one.
     
  10. netsy22

    netsy22 Registered User

    Oct 31, 2015
    257
    Thank you

    Thank you so much for all the replies and advice. You have given me confidence to have a go myself. I will let you all know how I get on.
     
  11. Beate

    Beate Registered User

    May 21, 2014
    11,740
    Female
    London
    If you ever get stuck, there are plenty of organisations like Age UK, Carers Centre or CAB who will help you fill it in for free. You can also call the OPG directly for questions.
     
  12. netsy22

    netsy22 Registered User

    Oct 31, 2015
    257
    Thanks for all the help.

    I have now done this online. It was very easy and has saved hundreds of pounds. A sticking point was the certificate. Luckily an old friend of mums who is still in touch signed it - there was no one else who had known mum for 2 years. There is now a wait of 8-10 weeks, but fingers crossed it will go through.
    Thanks to all who gave advice.
     

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