Lasting Power of Attorney (LPA) - any tips

[Blackpuddin]

My brother has just been diagnosed with terminal cancer so I'm looking at sorting out LPAs for him (health/care + financial). I would be his attorney and am looking at doing the forms myself.
Just wondering if any PHer who has been down this path has any thoughts or advice.
Thanks in advance.

[TownIdiot]

Blackpuddin said:

My brother has just been diagnosed with terminal cancer so I'm looking at sorting out LPAs for him (health/care + financial). I would be his attorney and am looking at doing the forms myself.
Just wondering if any PHer who has been down this path has any thoughts or advice.
Thanks in advance.

There's a thread currently running in the law forum that may be helpful.

It's a few years ago now but I did the forms myself and once I got the terminology straight it was pretty straightforward.

It's a st time and sorry to hear about your brother but sorting this will make things a little easier.

All the best.

[Blackpuddin]

Thanks for your kind and helpful words. I did look for a legal/law forum but couldn't see one.

[silentbrown]

Blackpuddin said:

Thanks for your kind and helpful words. I did look for a legal/law forum but couldn't see one.

Sorted mutual LPAs out for Mrs SB and myself last year. The forms/process is all pretty straightforward, once you realise that a "certificate provider" isn't as scary as it sounds.

Make sure the right people sign in the right places, and in the right order. That's pretty much it.

Be aware there's a long delay from filling the forms to getting the LPA. Around 2-3 months at least. Best advice is to do it long before you need it.

[Blackpuddin]

silentbrown said:

Blackpuddin said:

Thanks for your kind and helpful words. I did look for a legal/law forum but couldn't see one.

Sorted mutual LPAs out for Mrs SB and myself last year. The forms/process is all pretty straightforward, once you realise that a "certificate provider" isn't as scary as it sounds.

Make sure the right people sign in the right places, and in the right order. That's pretty much it.

Be aware there's a long delay from filling the forms to getting the LPA. Around 2-3 months at least. Best advice is to do it long before you need it.

OK thank you, we've only just had the diagnosis after a long fight to get information. The prognosis is vague but it's sounding like months if not weeks so I need to do it asap.

[TownIdiot]

It's a difficult time but a few things might help whilst you wait.

The LPA will not be valid after his death - everything falls upon the executors of the will.

Make sure you know where all the important stuff is kept and have access to records. (My bother lost the notebook with all my dad's passwords in it so we could access absolutely nothing. That was a nightmare)

If there are pressing matters that need attending to when he's ill, consider getting him to transfer you the necessary so you can sort it out for him. (or pay yourself and get back from the estate, but don't do this if there is any prospect of other people being awkward or the estate being insolvent)

[Blackpuddin]

Fortunately my brother has never touched a computer or a smartphone in his life so we are freed from the tyranny of lost passwords. Our sister-in-law has been effectively managing his affairs (in the way we all used to do it in the old days) for quite a while already so we're hoping it will be relatively straightforward. There are no contesting relatives or other nasties lying in wait as far as we're aware.

[Stephanie Plum]

I waited 5 months for my LPA to come through.

[Blackpuddin]

Stephanie Plum said:

I waited 5 months for my LPA to come through.

Phew, did you ever find out why it took so long? And (sorry to be nosey) but was that you doing it yourself, or via a lawyer?

[Trevelyan]

I've just done them for my dad, it's very straightforward to do. Most of it can be done online, you just need to print it out at the end for everyone to sign (in the right order!) and then stick it in the post. No need at all for a solicitor, it's easy to do yourself and there's a lot of guidance if you use the online service.

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

Remember that health and finances are two separate things and you'll need to do forms and pay separately for each if you want to cover both aspects.

[silentbrown]

Blackpuddin said:

Fortunately my brother has never touched a computer or a smartphone in his life so we are freed from the tyranny of lost passwords.

Just a suggestion, but wouldn't it make more sense for her to be the attorney then? You could be a named "reserve" in case she became unable to fulfil the role.

[Blackpuddin]

Trevelyan said:

I've just done them for my dad, it's very straightforward to do. Most of it can be done online, you just need to print it out at the end for everyone to sign (in the right order!) and then stick it in the post. No need at all for a solicitor, it's easy to do yourself and there's a lot of guidance if you use the online service.

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

Remember that health and finances are two separate things and you'll need to do forms and pay separately for each if you want to cover both aspects.

Yes thank you that's the site I've found, already printed off the forms, 26 pages each

[Blackpuddin]

silentbrown said:

Blackpuddin said:

Fortunately my brother has never touched a computer or a smartphone in his life so we are freed from the tyranny of lost passwords.

Just a suggestion, but wouldn't it make more sense for her to be the attorney then? You could be a named "reserve" in case she became unable to fulfil the role.

Long story there but our sis-in-law did it all for our mum who died last year and I want to give her a break from doing it all again. She's not well herself and she's done so much for our family already. It feels like my turn to step up.

[Trevelyan]

Blackpuddin said:

Yes thank you that's the site I've found, already printed off the forms, 26 pages each

Did you fill in al your details online before you printed it out? If so from what I remember a few of the sections are automatically crossed through if they're not relevant to your particular application. It might make it a bit more straightforward as you don't need to worry about missing anything.

[FiF]

We're in the process of this. Mrs really not well.

Found this useful but currently wrestling with what to say in the advance decision part, especially for health and welfare.

https://acrobat.adobe.com/id/urn:aaid:sc:EU:66e0e6...

[Stephanie Plum]

Blackpuddin said:

Stephanie Plum said:

I waited 5 months for my LPA to come through.

Phew, did you ever find out why it took so long? And (sorry to be nosey) but was that you doing it yourself, or via a lawyer?

No idea why it took so long but I gather that’s how long it takes. That was doing it online myself. It wasn’t a complicated process, my husband was left in charge of carrying out my wishes.

[TownIdiot]

As a general question - is there really any need for an LPA between a married couple?

Under what circumstances would it be used?

[Blackpuddin]

Trevelyan said:

Blackpuddin said:

Yes thank you that's the site I've found, already printed off the forms, 26 pages each

Did you fill in al your details online before you printed it out? If so from what I remember a few of the sections are automatically crossed through if they're not relevant to your particular application. It might make it a bit more straightforward as you don't need to worry about missing anything.

Ah no I did not, I was wondering about the point of filling it all in online given that my bro will still have to put his X on there but it sounds like a plan. Will go through it all to see what's what, thank you.

[Blackpuddin]

Stephanie Plum said:

Blackpuddin said:

Stephanie Plum said:

I waited 5 months for my LPA to come through.

Phew, did you ever find out why it took so long? And (sorry to be nosey) but was that you doing it yourself, or via a lawyer?

No idea why it took so long but I gather that’s how long it takes. That was doing it online myself. It wasn’t a complicated process, my husband was left in charge of carrying out my wishes.

Thank you for answering.

[Blackpuddin]

FiF said:

We're in the process of this. Mrs really not well.

Found this useful but currently wrestling with what to say in the advance decision part, especially for health and welfare.

https://acrobat.adobe.com/id/urn:aaid:sc:EU:66e0e6...

Sorry to hear this. Thank you for the link which I will examine.