Setting up POA - What is needed?

[sanchez]

Tomorrow I'm going to a solicitor on behalf of my dad (and mum with dementia ).
Dad is currently in hospital with a post operative infection. He had talked about setting up POA (for himself and mum) before his operation but did not get round to it.
He wants me (their only child) to represent them both and made the appointment himself whist in hospital.
Its all new to me so I was wondering if anyone has any advice for me? It occurred to me that I might need some form of ID?
Dad told me that mum will need to be asked some questions without me in the room.
Thanks. X

 

[DeMartin]

If you google POA the official gov website will come up. It contains all the forms and how to fill them out. Age Concern also has a web site.
Have a read, and see how. To proceed.

 

[Carolyn B]

Yes you need something like driving licence, passport. That's for every one involved. Solicitor will visit your dad in hospital if he's likely to be in there a while. They will chat to him, check he understands and has mental capacity then sort out the forms for you. You can do the forms yourelf as they are available online. But I got a Solicitor as I didn't want the process delayed by me ticking the wrong box. Not sure why they need to speak to mum on her own. Unless that's what your dad requested.

 

[jenniferpa]

Not sure why they need to speak to mum on her own.

It's sop for the solicitor to ask the person granting the attorney ship (your mother) questions privately to ensure she 1) understands and 2) isn't under undue influence. If the solicitor hasn't already done this step for your father and he wants you to be his attorney, the same thing needs to be done for him.

 

[Beate]

It's not difficult to understand why Mum needs to have questions asked on her own. If she has dementia the solicitor needs to be sure she still has the mental capacity to grant LPA for herself, or it's a no-go.

You can check out the forms online and even fill them in yourself, they are not complicated and come with guidance notes. A solicitor is only going to input the info you give him! The certificate provider can be a friend or neighbour.

https://www.gov.uk/power-of-attorney

One LPA costs £82 to register with the OPG (plus the hundreds the solicitor will charge you) but please get both the financial and the health one while you are at it. Don't listen if people tell you you won't need the health one. I needed it a fair bit! It will be one LPA per person per type so you're looking at 4 documents.

 

[Carolyn B]

It's not difficult to understand why Mum needs to have questions asked on her own. If she has dementia the solicitor needs to be sure she still has the mental capacity to grant LPA for herself, or it's a no-go.

You can check out the forms online and even fill them in yourself, they are not complicated and come with guidance notes. A solicitor is only going to input the info you give him! The certificate provider can be a friend or neighbour.

https://www.gov.uk/power-of-attorney

One LPA costs £82 to register with the OPG (plus the hundreds the solicitor will charge you) but please get both the financial and the health one while you are at it. Don't listen if people tell you you won't need the health one. I needed it a fair bit! It will be one LPA per person per type so you're looking at 4 documents.

Ok I am a numpty then

 

[Cat27]

Ok I am a numpty then

You really aren’t. LPAs are complex & quite daunting for stressed out carers.
As @jenniferpa says it’s sop for the solicitor but I found it comforting to know that I’d covered my back by having it done by a solicitor.

 

[Carolyn B]

You really aren’t. LPAs are complex & quite daunting for stressed out carers.
As @jenniferpa says it’s sop for the solicitor but I found it comforting to know that I’d covered my back by having it done by a solicitor.

Thanks. I was being sarastic. But I do appreciate your comment.

 

[Carolyn B]

What's a sop? I could Google so as to make me look less of a numpty

 

[jenniferpa]

Sorry sop - standard operating practice.

 

[Carolyn B]

Sorry sop - standard operating practice.

Thanks. I hate acronyms anyway. People are too scared to ask sometimes. I deal with Solicitors quite a lot and had never heard that phrase.

 

[jenniferpa]

Of course its not specific to solicitors.

 

[Kevinl]

"Setting up a poa what is needed" Short answer is a solicitor will print off the forms on the like below, ask you the questions on the form and charge you a fortune for the pleasure is the short answer. If you look at the forms all they ask for is; names, address, dates of birth and the like, all questions they will have to ask you because only you know the answers.
It's the most money you'll pay for the least work ever when it's so easy to do it yourself.
Plenty of people on here have done it then come back to say how easy it was, honestly it's a doddle to do it for yourself.
They'll wrap it up with some legalise to make it sound complicated but all they ultimately will do is fill on the forms on the link, that's all you need to do to get an LPA.
K

https://www.gov.uk/government/publications/make-a-lasting-power-of-attorney

 

[Duggies-girl]

I did it for dad, neighbour was certificate provider, neighbours wife witnessed, job done. Took ten minutes over a cup of tea. I found that if you remove the relevant pages (just the ones that need signing) it makes the job a lot less daunting. You just have to put them back in the right place afterwards. A few pretty coloured paper clips helped. No need to pay a solicitor..

 

[sanchez]

Thanks for the responses. Very helpful.
How can you set up POA independently if someone has a dementia diagnosis?
I thought that the solicitor was needed to see that the PWD is fully aware of the necessity for POA and can authorise the process on their behalf?

 

[Beate]

No, the certificate provider who makes sure the donor knows what they're signing can be a friend or neighbour.

 

[Sirena]

One advantage to having a solicitor do the LPA is that that you only want to send a certified copy (not the original) to whoever needs them (banks, landlords etc). A solicitor will keep the original and then provide you with certified copies on request for a small charge each time. My mother did her LPA years ago via a solicitor, and it did make my life a bit easier not to have to worry about where to get copies certified. I wouldn't want to keep the original myself, I'd be worried about losing it - I am drowning in my mother's paperwork so it would be possible for something important to get lost.

 

[jenniferpa]

I would also add: if you have anyone in the woodwork who might subsequently argue about capacity at the time the LPA was made, having a professional certifier may well be worth the money.

Look I know it's relatively easy to create an LPA, but I do think that pushing people not to use a solicitor for this is inappropriate. Fine to let them know that there is another option, because a lot of people simply don't know, but I would suggest that everyone keep in mind that what might be right for you, may not be right for another person.

Please also bear in mind this from our rules

3.11 Posts discouraging members from seeking relevant professional advice (legal, medical or otherwise) are not permitted on the forum.

 

[Duggies-girl]

Thanks for the responses. Very helpful.
How can you set up POA independently if someone has a dementia diagnosis?
I thought that the solicitor was needed to see that the PWD is fully aware of the necessity for POA and can authorise the process on their behalf?

Having a diagnosis of dementia does not automatically mean that capacity has been lost. Many people are diagnosed early on and remain well for years still working, driving and carrying on as normal. Unfortunately many are not diagnosed until later due to refusal to accept there is a problem and family being unable to push for a diagnosis.

 

[Shedrech]

hi @sanchez
personally I am very glad my dad used a solicitor to deal with the LPAs
at the time dad went to his solicitor to make a new will after my mum's death
the solicitor suggested dad have the LPAs put in place, and I have wondered since if dad would have gone ahead later with only me suggesting it
it also meant that the solicitor met dad, myself and my co-Attorney a few times so was fully aware of dad's wishes regarding how to deal with his affairs and his estate, on his death - this has proved very helpful and reassuring to me over issues with my co-Attorney as I have been able to discuss questions with the solicitor in confidence, and at no extra charge (a welcome surprise)
it may have cost dad a few hundred for the will and LPAs but he considered it worth the expense to have complete peace of mind, and I definitely think it was worth every penny