Power of attorney

cpnan

Can anyone please help me understand how to go about setting up power of attorney for my mum?  I’ve looked on government site but am still confused.  

My main question is, do we need a solicitor?  Or do we simply fill out the forms ourselves and send them off?  

TIA 🥰

Kimmy87

The forms are very easy to fill in yourselves and post off. 

Jimm_Scope

cpnan said:

Can anyone please help me understand how to go about setting up power of attorney for my mum?  I’ve looked on government site but am still confused.  

My main question is, do we need a solicitor?  Or do we simply fill out the forms ourselves and send them off?  

TIA 🥰

Hi @cpnan, what is it exactly you are wanting to help her with if it's alright to ask? As there are a few different ways you can have decision power on someone's behalf.

You can become an appointee if they just need help managing their benefits. 

You can become a deputy if they don't have the mental capacity to make decisions anymore and you have not yet got power of attorney. It enables you to make decisions on medical treatment/care and on money or property issues. This has to go through the courts though because you have yet to get power of attorney.


Just incase it is definitely power of attorney you need Which? has a very detailed guide here: How to set up Power of Attorney - Which?

MW123

@cpnan

You do not necessarily need to use a solicitor to set up a Lasting Power of Attorney. The process can be completed without the need of a solicitor, provided you thoroughly understand the requirements and responsibilities.

The Health and Welfare LPA allows the appointed attorney to make decisions about the donor's health and care, such as medical treatment, where they live, and their daily routine. The Property and Financial Affairs LPA gives the attorney the authority to manage the donor's financial affairs, including paying bills, managing bank accounts, and making investment decisions. Depending on your mother's needs, you can set up one or both types of LPA.

To obtain the necessary forms, you should visit the Office of the Public Guardian website. The forms can be complex, so ensure you have all the required information and understand the responsibilities outlined within them. It's advisable to discuss the implications with your mother to ensure she is fully aware of the process.

When completing the forms, your mother must sign them in the presence of two witnesses who are not attorneys or closely connected to the attorneys. Additionally, a certificate provider, such as a GP or solicitor, must confirm that your mother understands the document and has not been pressured into signing.

Once the forms are completed, they must be sent to the OPG, along with the required fee. The OPG will then process the application, which typically takes up to 20 weeks. During this time, there is a statutory waiting period when certain people can raise objections.

After the LPA is registered, you will receive an official copy that can be used as needed. I would recommend you obtain multiple certified copies to present to various institutions, such as banks and care homes. It's important to note that your mother can revoke the LPA if she has the mental capacity to do so.

cpnan

Thank you so much all.  That’s really helpful information and I appreciate it so much!