Power of attorney. Legal help needed
Discussion
Sorry if this is in the wrong forum, but there is no 'legal matters' forum to pos this in.
My mum has the early/mid stages of Alzheimers disease, and is deteriorating quite quickly now. I have been sorting out her post, paying bills,etc for a few months, but we feel this needs to be addressed in a formal way now because of her mental state.
I have seen this procedure can cost as much as 900 pounds with a solicitor. Is this right? It seems an awful lot, for what is simply mum giving me permission in a written legal format, to do what I've already been doing for the last two months.
Is there a cheaper way of acheiving power of attorney (DIY/online,etc) than the conventional way?
Also. It is just me that is going to have this. Not my other siblings. Are there any pitfalls I should be awarre of that would not be immediately obvious, with this undertaking?
Many thanks in advance.
Cad
My mum has the early/mid stages of Alzheimers disease, and is deteriorating quite quickly now. I have been sorting out her post, paying bills,etc for a few months, but we feel this needs to be addressed in a formal way now because of her mental state.
I have seen this procedure can cost as much as 900 pounds with a solicitor. Is this right? It seems an awful lot, for what is simply mum giving me permission in a written legal format, to do what I've already been doing for the last two months.
Is there a cheaper way of acheiving power of attorney (DIY/online,etc) than the conventional way?
Also. It is just me that is going to have this. Not my other siblings. Are there any pitfalls I should be awarre of that would not be immediately obvious, with this undertaking?
Many thanks in advance.
Cad
caduceus said:
Also. It is just me that is going to have this. Not my other siblings. Are there any pitfalls I should be awarre of that would not be immediately obvious, with this undertaking?
Not sure on the legal side, but I'd say that this will cause all sorts of issues with the siblings, unless you discuss every single decision with all parties. Discuss things in advance with them, set out the ground rules that you will play by, and make it clear that for things where the decision impact is less than ten grand, your rule is law.Looking at things from their point of view at the end of the process, everything you did will be reviewed with hindsight, and that's horrible. Clear the air up front, and agree a decision making framework that leaves them happy too.
Shouldn't be that expensive - been looking into it myself. These guys can probably help: Alzheimer's Society and specifically their factsheet on P of A. Hope those help.
My late grandpa had Alzheimer's, not easy, really really good that you are getting things sorted early. Careful planning meant that he was supported to remain at home and having spent time in a nursing home myself along with a large number of old folk with dementia I'd urge anyone to do the same, do whatever it takes to keep them at home. Grandpa's quality of life stayed good even in the late stages specifically because he was surrounded by a lifetime of familiar things, it would have destroyed him to move him.
There's no such thing as a good nursing/care home, behind closed doors there is ALWAYS neglect if not outright abuse.
My late grandpa had Alzheimer's, not easy, really really good that you are getting things sorted early. Careful planning meant that he was supported to remain at home and having spent time in a nursing home myself along with a large number of old folk with dementia I'd urge anyone to do the same, do whatever it takes to keep them at home. Grandpa's quality of life stayed good even in the late stages specifically because he was surrounded by a lifetime of familiar things, it would have destroyed him to move him.
There's no such thing as a good nursing/care home, behind closed doors there is ALWAYS neglect if not outright abuse.
I paid a solicitor about £500 for this. He had to visit my mum who wasn't mobile to be sure that she understood enough and gave consent.
Its really important you move now. If your mum reaches the stage she can't understand the process of giving consent you'll be in real difficulties.
Its really important you move now. If your mum reaches the stage she can't understand the process of giving consent you'll be in real difficulties.
BlackVanGirl said:
Shouldn't be that expensive - been looking into it myself. These guys can probably help: Alzheimer's Society and specifically their factsheet on P of A. Hope those help.
My late grandpa had Alzheimer's, not easy, really really good that you are getting things sorted early. Careful planning meant that he was supported to remain at home and having spent time in a nursing home myself along with a large number of old folk with dementia I'd urge anyone to do the same, do whatever it takes to keep them at home. Grandpa's quality of life stayed good even in the late stages specifically because he was surrounded by a lifetime of familiar things, it would have destroyed him to move him.
There's no such thing as a good nursing/care home, behind closed doors there is ALWAYS neglect if not outright abuse.
Agree with what you say about Homes but there can come a time when they cannot be looked after at home. If my Mum had kept my Dad at home she would be dead by now. When they are in a home you have to stay on top of them always.My late grandpa had Alzheimer's, not easy, really really good that you are getting things sorted early. Careful planning meant that he was supported to remain at home and having spent time in a nursing home myself along with a large number of old folk with dementia I'd urge anyone to do the same, do whatever it takes to keep them at home. Grandpa's quality of life stayed good even in the late stages specifically because he was surrounded by a lifetime of familiar things, it would have destroyed him to move him.
There's no such thing as a good nursing/care home, behind closed doors there is ALWAYS neglect if not outright abuse.
The "new" rules re POA came in a few years ago and the new process is hugely long winded and requires a lot of certification from professionals so is costly.
There is no DIY route anymore and anyway as others have said if you have siblings that you are planning to exclude from this process (perhaps for good reason) then you need to get it right.
Don't be confused by people who say they drew up a POA on the back of a fag packet, the "new" system is much more complex.
Help the Aged used to give good advice on this kind of thing.
There is no DIY route anymore and anyway as others have said if you have siblings that you are planning to exclude from this process (perhaps for good reason) then you need to get it right.
Don't be confused by people who say they drew up a POA on the back of a fag packet, the "new" system is much more complex.
Help the Aged used to give good advice on this kind of thing.
Hi there
have a look here http://www.ageuk.org.uk/money-matters/legal-issues...
There are now 2 different aspects to power of attorney, health and welfare is one and the other is financial, pre 2007 they were both lumped into one, a solicitor is the only way to go now to apply but Age UK explain the process quite well.
have a look here http://www.ageuk.org.uk/money-matters/legal-issues...
There are now 2 different aspects to power of attorney, health and welfare is one and the other is financial, pre 2007 they were both lumped into one, a solicitor is the only way to go now to apply but Age UK explain the process quite well.
Piglet said:
The "new" rules re POA came in a few years ago and the new process is hugely long winded and requires a lot of certification from professionals so is costly.
There is no DIY route anymore and anyway as others have said if you have siblings that you are planning to exclude from this process (perhaps for good reason) then you need to get it right.
Don't be confused by people who say they drew up a POA on the back of a fag packet, the "new" system is much more complex.
Help the Aged used to give good advice on this kind of thing.
Help the aged will have some information. I would not imagine it costing £900.There is no DIY route anymore and anyway as others have said if you have siblings that you are planning to exclude from this process (perhaps for good reason) then you need to get it right.
Don't be confused by people who say they drew up a POA on the back of a fag packet, the "new" system is much more complex.
Help the Aged used to give good advice on this kind of thing.
When i did this for my mother it was merely a case of her writing a letter to the banks and everyone else to give me power of attorney. Just be aware that if you do this and your mother gets into any debts you will be legally responsible. Sorry to hear about her ill health though it is always sad when our parents get old.
jessica said:
Piglet said:
The "new" rules re POA came in a few years ago and the new process is hugely long winded and requires a lot of certification from professionals so is costly.
There is no DIY route anymore and anyway as others have said if you have siblings that you are planning to exclude from this process (perhaps for good reason) then you need to get it right.
Don't be confused by people who say they drew up a POA on the back of a fag packet, the "new" system is much more complex.
Help the Aged used to give good advice on this kind of thing.
Help the aged will have some information. I would not imagine it costing £900.There is no DIY route anymore and anyway as others have said if you have siblings that you are planning to exclude from this process (perhaps for good reason) then you need to get it right.
Don't be confused by people who say they drew up a POA on the back of a fag packet, the "new" system is much more complex.
Help the Aged used to give good advice on this kind of thing.
When i did this for my mother it was merely a case of her writing a letter to the banks and everyone else to give me power of attorney. Just be aware that if you do this and your mother gets into any debts you will be legally responsible. Sorry to hear about her ill health though it is always sad when our parents get old.
The OP's mum is of course always able to give consent to banks, utility co's for someone to act on her behalf in connection with that specific account. That is not a power of attorney though, that is just consent to operate that account and is not an appropriate solution for a health issue which is potentially going to leave her in a position where she is unable to give valid consent as time progresses.
Proper POA is now expensive, I don't know whether £900 is an appropriate figure, it's not an area of law I deal with. I know I have read complaints from solicitors that the forms require 4 to 5 hours of time to complete which leaves them charging more than they would want to, plus I think there is also a need for a medical certification AND the POA now has to be registered when it is set up rather than when the mental capacity of the grantor deteriorates.
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