Lasting Power of Attorney

I had the old downloaded epa but I wanted health too and wanted all the safeguarding of a an lpa drawn up by a solicitor. I did wonder why the solicitor kept the original will and lpa but I found out that it was in case of eg a fire. Its important to let the atorney and executer know about the solicitor. I was re-assured that the lpa was a `just in case` measure and would like to think that I will keep running my own affairs but things can and do happen

Next job tomorrow is to file everything carefully and sort my paperwork and update my lists and contact numbers for banks and building societies etc. It is called dying tidy and having been through it all once, I would not wish an end of life mess on anyone. The time I did it was hard enough and I knew where everything was.

The old sort only covered Finance I think but there are separate ones not for finance and for health.

It isnt necessary for a person to have lost capacity for the finance one to be used - you can sort of dip in and out of that one. The health one can only be used when someone has actually lost capacity.

Hetty we have both

Do people usually have two each (one for finances and one for health)? My mother had just the finance one. We could act 'jointly or severally'. It wasn't much help, though, as she didn't 'lose capacity'.

As for today I am done and dusted. My solicitor registered the LPA for property and LPA for health with the office of the public guardian. I received a certified copy of each with the solicitor holding the original. Office of the public guardian wrote to me and to my attorney to say that that registration has been done. That is all there is to it, the last step would be if needed when the certified copy would be used and hopefully that would be never but belt and braces are now in place and I can sleep easy, knowing that my LPA and will are properly sewn up

Esspee yes

www.lawscot.org.uk/for-the-public/what-a-solicitor-can-do-for-you/power-of-attorney/

Do any of you know whether the legislation is any different in Scotland?
I really need to get round to it and having a will already I know the rules for that are different under Scottish law.

You do not need to pay a solicitor, and you can download the forms and send them off or do it online. Or you can buy a pack from WHSmith.
Something I must do. Along with a living will. Or whatever it's called now.

We started the process at the end of last year, but the Bodach’s doctor said he didn’t have capacity due to his Alzheimer’s, so the solicitor was going to apply for guardianship ( a long, expensive process I’d already been through for my wee auntie).
Sadly, the Bodach’s cancer took him at the turn of the year, so it’s just for me now.
I didn’t find it made any difference where the Bodach’s care was concerned, as the hospital staff were happy to abide by my wishes for palliative care only, and all our finances were joint anyway.

You can ring the Office of The Public Guardian for advice - they are very helpful.

You do not have to use a solicitor - it can be done on line.

There is no need to update an epa but it doesn't cover property and finance (I think!) so you should do that one as well.

We're just going through the process. Finding it a bit of a pain with all the different signatures required and having to sign it all in the right order, but it's nothing compared to the difficulties in the future if we don't get it done!

We have EPAs. Could anyone explain please in what way an LPA is better? I need to persuade DH on the advantages of updating.

Did mine about 5 years ago when I turned 60.

Mr B and I both had ours done years ago and lodged with our wills. I did POA online for daughter's finances but as she had capacity at the time I could only do anything she allowed or agreed with. When she lost capacity I had to go through the Court of Protection and it took 14 months, luckily I didn't have to pay for it as The Public Guardian had made a huge error and had to pay for it. POA are great when they work.

It's not that difficult to make if you have it ready in time. My mother made an LPA. I have read up online, here are more resources for everyone. www.guardiancarers.co.uk/care-information/making-the-right-decision-about-care-needs www.dementiauk.org/get-support/legal-and-financial-information/lasting-power-of-attorney/

We did our LPAs a couple of years ago and I am now acting for DH in both health and finance. I discuss with him any decisions though he doesn’t always really understand them, but it is a relief to have charge of ensuring bills are paid and the necessary admin done because things had become really chaotic. Very sad, given how competent DH used to be. Our two AC have power once I am not up to the job - not too soon I hope.

My LPA is almost ready, I had the final bill today. Registration cost £164 ie £82 for each part and the solicitor cost £450 plus vat. It is being registered now and that can take 8-10 weeks, so I expect it to be done some time in january. It was an awful long process but I feel happy that the ends are tied.

It must be so difficult if you don`t have younger trusted close family, its a lot of trust being placed on one person

Done and almost dusted, I did mine via a solicitor and it was signed and witnessed today, I did LPA after doing a diy EPA many years ago. I have one attorney and a reserve attorney and have done both financial and health+welfare. The attorneys have to sign and then the solicitor will register the documents and that will be it. All tidied and in a file to make life easier come what may. Will is also done

Is advance care directive the same as attorney having a final say in end of life care? If so then I said yes. This was also done today

I wouldn't want to put my loved ones through going to the COP when they were already dealing with whatever my issue was.

DS & Dil are planning to do this too as we never know if we might have an accident which could impact on our ability to manage things ourselves.

Court of Protection fees are less than I had been led to believe but I wonder what additional costs there might be? assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/819607/cop44-eng.pdf

Thank you, Nonnie, for bringing up this thread. Having LPAs is crucial - and not just as you get a lot older. (DH & I did our years ago, when in our 50s.) My sibling & I have LPAs for our DM. Thank goodness we have both the "health" & "wealth" LPAs for her, because decisions have had to be made which we could not have made without the "health" LPA being in place. (I think that having just the "wealth" LPA is very short-sighted, because the "health" one can cover a range of issues including where the person lives, as well as their actual health.) My friend had to go through the Court of Protection for her DM (who had dementia), because no LPAs were in place: it cost over £1000 - this was some years ago, so it's probably a lot more now! An "advance care directive" is an excellent thing as well, but it's best to have this with LPAs.

M0nica Tue 15-Oct-19 17:58:31 very good point. That is what we have done and as one DS lives near and one far away they can discuss what to do then only the near one do it.

Hetty58 Tue 15-Oct-19 17:49:50 great idea if you know what you will want but my head is so far in the sand that I haven't worked that out. Think I will just leave it to do what the DSs think best!

If you are appointing 2 or more attorneys make sure that you appoint them 'jointly and severally' that means that they can act together or one can act on their own.

A friend's mother appointed her DD and husband as attorneys but made them joint attorneys only. DF's DH died suddenly and, as by that time her mother had dementia she had to go through the Public Guardian in order to be appointed her mother's attorney. It was complicated and difficult and the last thing she needed when having to deal with her grief and all the legal matters about wills etc as well.

The health and welfare one can be important if you'd like a particular person to decide where you live (e.g. home or which care home) but your wishes regarding medical care can easily be ignored by doctors.

What you really need is a living will, (advance healthcare directive) arranged with your GP, to truly explain your wishes. OK, it can still be disagreed with by medical staff, but (as you have discussed it with a doctor) carries more weight than a LPA.