Power of Attorney

Discussion in 'Welcome and how to use Talking Point' started by Helpme123, Jul 6, 2018.

  1. Helpme123

    Helpme123 New member

    Jul 6, 2018
    5
    Hello
    I was advised by the hospital to fill out the paperwork online at the gov website. However recently when talking to a solicitor they said this was pointless, usually done incorrectly and sometimes does not hold up legally when needed to be used! They advised that you must use a solicitor, is this true?
    Can anyone advise on this?
     
  2. mrjelly

    mrjelly Registered User

    Jul 23, 2012
    317
    West Sussex
    Lots of people do it themselves without a solicitor. I did it for my Dad before the web-based forms were introduced and we didn't have any trouble. If you can find a suitable friend of the family or disinterested relative to certify the donor's capacity & understanding of the LPA then I don't think you need a solicitor. Unless perhaps if there are interfering relatives on the scene who are likely to object.

    Once an LPA is registered with the Office of the Public Attorney you know you've done it correctly and anyone objecting would need pretty strong documentary evidence to get it overturned.

    If the doner doesn't have capacity to understand the purpose of the LPA when they sign it you need to go for a Deputyship, so that may be different.
     
  3. karaokePete

    karaokePete Volunteer Host

    Jul 23, 2017
    3,215
    Male
    Cyprus
  4. Duggies-girl

    Duggies-girl Registered User

    Sep 6, 2017
    993
    Hi you may find differing views on here but no I did not use a solicitor, I have POA for my dad both finance and health and welfare. I downloaded the forms from the gov website, printed them off and dads neighbours acted as witness and certificate provider over a cup of tea. I sent the forms off with the appropriate cheques required signed by dad and a few weeks later received the certificates granting me POA I have not used them yet and hope not to but they are what they are, POA for my dad. It is not difficult.

    When I first looked at the forms I thought 'Oh my god there is too much here to deal with' but if you remove the pages that don't need signing or reading and they are considerable (use some coloured paperclips here) you are left with a few very manageable pages. Get them signed and then put the other papers back with them after and it is done with, other than writing out the cheques.

    As long as the PWD has the capacity to understand what they are signing then this is an acceptable way of doing it. If they don't have capacity then it is not.

    Deciding capacity is a contentious subject. Also if the forms are filled out incorrectly then you will not be granted POA until the forms are rectified. I had no problems with my dads forms as they were filled out correctly. Just take your time to read and understand the forms and which parts need filling in and which don't. I think we were left with 4 or 5 pages that actually needed filling in.

    Anyone can be a certificate provider as long as they have known the doner PWD for a certain amount of time, a friend or neighbour is ideal and the witness only has to witness the signing, they do not have to have any other connection.

    As far as I can see as long as the person has capacity then solicitors are not required. If they do not have capacity then it is not possible to get POA

    Of course if you would prefer to use a solicitor you can but it is not a requirement.
     
  5. Normaleila

    Normaleila Registered User

    Jun 4, 2016
    486
    I don't think it's ethical for a solicitor to tell you that.
     
  6. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,309
    Factually no, there is not "must" about using a solicitor.

    My numbers are very out of date and I'm not sure where I got them from (perhaps the old OPG website), but my recollection is that approximately 40% of solicitor created LPAs were at one point being rejected because the terms of the LPA were incongruent with the purpose of the LPA. And I think that's the point: if you want to create a very basic LPA appointing X as an attorney with Y as a back-up, people can DIY that. It's when they want more complex arrangements (joint attorneys, with both acting in the case of this, singly in the case of that, when there is an r in the month) - people (rightly) go to solicitors for that. But all solicitors aren't created equal I'm afraid. The person who was perfectly competent to help you with your house conveyancing, may have very little experience of this.

    Go to a solicitor or not: just do your due diligence when selecting one.

    Edit: and when it comes to a DIY LPA, the area where people most often make errors are order of signing. LPA's need to be signed in a very specific order.
     
  7. Philbo

    Philbo Registered User

    Feb 28, 2017
    490
    Male
    Kent
    Well, they would say that? ££:rolleyes:

    I did LPAs for my wife (PWD) and myself when we first realised that all was not well with her (shortly before diagnosis).

    I downloaded the forms and though a bit daunting, the guidance notes were good and the help-desk were very helpful. It did not take that long and these were registered with the OPG without any issues being flagged up.

    I believe that it is even easier now that you can complete most of it online?

    I have used certified copies several times since, with various banks and organisations and not had any problems.

    Regards
    Phil
     
  8. try again

    try again Registered User

    Jun 21, 2018
    227
    I had a look online and the process seems very straight forward with little to do. Mainly details of yourself, the pwd, the witness and the attorneys. You can add more to include caviats. I had downloaded the forms for filling in before and was put off. The hardest part now is getting agreement from my mum!
     
  9. maryjoan

    maryjoan Registered User

    Mar 25, 2017
    730
    Female
    South of the Border
    We did it ourselves last year, as we could not afford a solicitor. It was not too difficult, just required a bit of concentration. It is absolutely essential to do it before the PWD loses the capacity to understand what it is all about.

    I thought we were doing it too early ( just after diagnosis) but 12 months down the line would have been too late,and we are already using it.

    Solicitors will always advise you to use them - they only think of their fees in most cases! If you do not feel up to doing it, a family member or friend you can trust will probably help you.

    good luck
     
  10. Rosettastone57

    Rosettastone57 Registered User

    Oct 27, 2016
    483
    I have completed four powers of attorney over the last few years using the online forms without using a solicitor. All have been successfully registered. The solicitor is touting for work
     
  11. Sad Staffs

    Sad Staffs Registered User

    Jun 26, 2018
    362
    Female
    I have just sorted these, through a solicitor, and the cost was shocking but I just wanted to make sure that everything happened legally and officially, especially as some of the attorneys were a good distance away. For me I have so much that I now have to do, it was peace of mind to go through a solicitor.
     
  12. Helpme123

    Helpme123 New member

    Jul 6, 2018
    5
    Thank you for your replies. I did fill in & download the forms. I just had a little wobble when the solicitor said it may not be legally binding if I done it myself.
    Thank you
     

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