[Closed] Power of Attorney: Any legal/lay opinion?

IIRC there's a standard form & procedure (depending on whether it's for care or money stuff) in Scotland - procedure in E, W & NI is completely different.

give it a google!

http://www.publicguardian-scotland.gov.uk/whatwedo/power_of_attorney.asp

As al says its different from England and you need to think what you want it for. I am a welfare guardian / attorney for my parents but not financial. They have a lawyer for that. I didn't want the responsibility.

Its much easier and better to get it done while the person involved is of sound mind and body and a useful thing to have. If they become unwell it makes it much easier to make decisions quickly. The welfare guardianship / attorney is particularly useful in parallel with a "living will" advance directive. ( so long as the guardians views are in accord with teh person involved)

I did not want the financial attorney as there is potential for conflict of interest and for family arguments.

It's more the financial aspect we're thinking of and any repercussions from that.

if you want lingering power of attorney then it's available - there's been a few cases recently of people being robbed blind once the attorney is granted (not suggesting you will do this!) and I think the courts would want to see concrete evidence that you mother coudl not look after her own financial affairs.

I haven't done it but my Dad did it for my Grandad. He says it's easy as long as she's mentally fit enough to instruct the solicitor to grant you continuing power of attorney. Just both visit your family solicitor and tell him what you want to do.

He didn't encounter any pitfalls, financial or otherwise.

HTH.

Sorry to hear about your Dad btw.

I have been given Power of Attorney for my partner. I haven't had to use it yet but I'm sure I could get her declared of unsound mind easily enough 🙂

druidh - Member

It's more the financial aspect we're thinking of and any repercussions from that.

The main repercussions are family rows. If you are happy that the family will back you then fine - or you can do it jointly with your brother. Also it can be set up so it doesn't kick in until certain criteria are met. The money does not become yours - you merely get to say how it is spent.

Both me and my sister have a history of financial muckups and in my case there is potential conflict of interest hence neither of us wanted to be financial guardians. Welfare guardian means that I can make the decisions but any significant spending will have to be Oked by the solicitor who is the financial guardian. This will cost some money but is safer.

I see no reason why not and if you get on well with your brother then why not do it jointly? I am fairly sure it can be set up for either signature not both - so you could run it but he would still get oversight and a veto. Or if he is happy for you to do it then just go for it.

yeah my mum recently did it for my dad (dementia) essentially go to a solicitor pay some money £££, you then tell her she agrees and providing nobody objects you then have power of attorney. This is usful for my mother as she needs the money to visit my dad and pay the bills etc.

As long as you are doing it for the right reasons which I am sure you are and your mother has access to the money she needs then it is a good idea.

I attempted to do both LPA's (Personal Welfare and Property & Affairs) without using a solicitor. It took considerable time but managed to get the Property & Affairs registered with the PGO.

The Personal Welfare one is tricky. The GP had to sign it where I had indicated, he took 6 weeks to do this and then charged £150. Each LPA cost, I believe, £150.

The PW one has been rejected for various reasons. The PGO have been contacted on several occasions for advice on completing it. Each time it has been rejected because they haven't a clue how it all works and we are given wrong information. We are persuing a complaint against them.

Without wishing to get on my soapbox, the idea of this is good but poorly executed. So far my mother has paid £450. If a solicitor was used, it would obviously be even more.

My father has dementia and that is why this was done. However, if my mother predeceases him then we will have another set of issues in that their property can be sold to meet his care home fees.

And on that depressing note, I must get my will sorted out.

Edit: my brother and I are named.

tails / cinnamon girl - this is why its best to get it done before they become ill when it is very straightforward ( fill in a form and get it witnessed) to do which is what Druidh is suggesting, and why I have it all sorted out for my parents both of whom are fit and well.

Be prepared is the answer - its also different and possibly simpler in Scotland

Cinnamon Girl - I think we conversed about a year ago about your efforts to secure LPAs for your parents?

I did it for both my M+D when my Mum fell ill. Similar experience to you with the Office of the Public Guardian (the delays meant it didn't come through before she died, even though all forms were perfect) so they ended up compensating me. Ended up not needing it for my Mum for obvious reasons.

The issue with forced selling of houses can be addressed by the ownership/deeds of their house being changed to tenants in common (from joint tenants) while both are alive. Both wills should also be changed to say that the parent who dies passes their half to a trust which is managed in the survivors sole interest, but they don't own the whole house so the council are stuffed - they can't force sell half a house!

Solicitor advice definitely needed on this one, costs about a grand.

TJ - yes, we were on the ball but hadn't reckoned on being guinea pigs for the new system with the OPG. It had only been introduced less than a month before the forms were submitted.

I was very lazy and just couldn't be ar$ed with it all, particularly in view of the time I had spent on it in the first place.

csb - yes, I do remember. Your experience must have been quite distressing for you.

Have made appointment with solicitor re house but what I am not clear on is whether this would constitute an intention to deliberately avoid paying care home charges. No doubt the solicitor will answer that one.

I do find this all terribly upsetting but realise that it is necessary.

Of course it's deliberate but it's legal. As long as it's done before anyone dies.

For those in England, you may/may not be interested to know that my solicitor has just quoted between £450 and £800 to produce a Lasting Power of Attorney.

The sooner this system is revised the better. I will leave it at that ... before a rantette occurs.

That doesn't surprise me at all, the forms are a ball-ache and very time-consuming. Most other lines of work are more profitable.

I think it is correct that in the first year of the system's operation, people who did LPAs themselves had almost exactly as much success getting them registered as people who used solicitors. The solicitor is not particularly adding value, because the form is actually pretty simple to do if you follow the guidance properly. The main problems werecoming from wierdness and terribly stupid decisions at the OPG.

The system did need to be overhauled to safeguard the person named.

But, as usual, very poorly executed. There is a considerable amount of cost involved in all this thus the very poor will be unable to stipulate their wishes.

The OPG need to train their staff properly and thoroughly to put an end to the contradictions that Joe Public receives.