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power of attorney

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  • power of attorney

    Hi
    my father in law has had to go in to a home after a bad stroke. He is receiving letters in the home and cannot read and take in the information. Mum had to go to an appointment for his assessment and had to get a taxi . when she got there the meeting had been cancelled. she said couldnt you have rang and let me know. They said no as its confidential.
    Her case worker said the best thing you can do is to get power of attorney, that way everything will go to you and you will know everything thats going on.
    She rang a solicitor and they told it will cost her £1200!!!!!!!!!!!! Is this right? mum cant afford money like that. She has rang in tears really worried about it all. She is already worried as they said she may have to put money towards the home she only gets 58 pension. They own their own house.
    Any help please
    thanks nannie ali
    Tags: None

  • #2
    Re: power of attorney

    Originally posted by nannieali View Post
    Hi
    my father in law has had to go in to a home after a bad stroke. He is receiving letters in the home and cannot read and take in the information. Mum had to go to an appointment for his assessment and had to get a taxi . when she got there the meeting had been cancelled. she said couldnt you have rang and let me know. They said no as its confidential.
    Her case worker said the best thing you can do is to get power of attorney, that way everything will go to you and you will know everything thats going on.
    She rang a solicitor and they told it will cost her £1200!!!!!!!!!!!! Is this right? mum cant afford money like that. She has rang in tears really worried about it all. She is already worried as they said she may have to put money towards the home she only gets 58 pension. They own their own house.
    Any help please
    thanks nannie ali
    Now I don't know the ins & outs but when I was claiming bank charges for my family-I used Power of Attorney letters (diy)---but when I wentb to buy the Lawpack going to court kit at Staples-I noticed this

    http://www.lawpack.co.uk/power-of-at...product713.asp

    As I say I'm no expert-but it does seem like it covers the issues--seek advice from others also

    Comment


    • #3
      Re: power of attorney

      Nannie
      Seems that the nursing home are referring to a LPA (Lasting Power of Atorney)
      LPAs have effectively replaced EPAs,(Enduring Power of Attorney)

      Both EPAs and LPAs could/can only be created if the donor has mental capacity.

      If the donor lacks mental capacity he cannot make an LPA and a receiver would need to be appointed via the Court of Protection, which is an expensive and often lengthy process.

      Comment


      • #4
        Re: power of attorney

        thanks for that my luv, not sure if dad can sign it himself though as he cant use his right hand anymore and his left hand is crippled with arthritis. but defo worth thinking about. i did a similar think with a will pack for my father,
        thanks again

        Comment


        • #5
          Re: power of attorney

          I'm sure if we explained things to him he could possibly understand. he finds it difficult to reply . but understands when we talk to him about things, people events etc. would his really shaky signature be any good.

          Comment


          • #6
            Re: power of attorney

            If he understands the implications of signing an LPA, his signature, however shaky will do. An EPA used to have to be witnessed, I imagine the same stands for an LPA.

            Just a thought though, if your father-in-law is in a nursing home how does the nursing home get round the issues of fees etc if there isnt a LPA in place. I would have thought that without his express authority they would be extremely limited as to what actions they could take.

            Comment


            • #7
              Re: power of attorney

              we presume the fees are being susidised plus his pension at the moment. it was temporarily for 8 weeks after coming out of hospital. hence the assessment to see what happens next. he is not well enough to go home and mum would not be able to look after him.
              should the home be withholding his mail from his wife. they say she cant read the letters that are sent to him in the home. but he cant even open the letters let alone read them. they say they are confidential as written solely to dad. even his hospital appointments are being withheld from mum. obviously mum wants to know when they are as she wants to go with him.

              Comment


              • #8
                Re: power of attorney

                When you say mum, is mum his wife?

                If his fees are being susidised by his pension, on whose authority are these fees being paid?

                Have his letters remained un-opened or have the nursing home taken it upon themselves to open, read, and deal with them?

                Comment


                • #9
                  Re: power of attorney

                  Hi Nanniali,

                  Here's a link to the Office of the Public Guardian website section covering lasting power of attorney.

                  Lasting Power of Attorney - Office of the Public Guardian


                  The figure that you have been quoted of £1200 for a Solicitor to do this for you is about the going market rate.

                  However, you do not need to get a Solicitor to do it, although it is quite involved it is something you can do yourself. I have just done a similar thing ( both property and financial affairs and Health and welfare versions ) for my Partner's Mother.

                  Have a read through the guidance notes on the linked website and see if this is something that you feel confident in doing yourself.

                  I wish your Father in Law a speedy recovery.

                  Rgds Budgie

                  Comment


                  • #10
                    Re: power of attorney

                    Maybe there is some useful info on this site, it has a forum

                    http://www.stroke-survivors.co.uk/News/latest.aspx

                    Comment


                    • #11
                      Re: power of attorney

                      Hi there,

                      There's plenty of advice online if you are looking into powers of attorney, and many are well worth reading. As said above powers of attorney have to be completed while the Donor has mental capacity, unfortunately after that it is too late. Your dad's signature will be fine, even if all he can manage is a cross against his name (I believe this is still recognised as putting your mark against a document, as is used if people are illiterate or unable to sign their name).

                      The process for completing a power of attorney is tricky and every single stage needs to be completed in the exact order specified, otherwise the document is void (please not that it cannot be altered after it is registered). Also it is a good idea to appoint more than one attorney, as this will generally ensure a better standard of decision for the Donor, and will protect against the Power being void if the single attorney is no longer capable of undertaking their duties.

                      May I suggest that you think about completing a power of attorney for your mother as well? This may sound a little out of place, but remember, a power of attorney only comes into affect when it is required due to the Donor requesting it to come into force, or the Donor losing mental capacity. I have a power of attorney for both of my parents and they're not even 60 yet (my grandparents have had problems with completing theirs, so we thought we'd get ours sorted while we understood the procedure).

                      I wish you all the best. I hope this helps.

                      CT

                      Comment


                      • #12
                        Re: power of attorney

                        Originally posted by nannieali View Post
                        they told it will cost her £1200!!!!!!!!!!!! Is this right?
                        Phone around. Solicitors will charge between £250-450 + VAT or thereabouts for a Lasting Power of Attorney (it varies). You will also have a £120 court fee to pay unless she can claime xmeption from it (eg on benefits etc).

                        Don't forget though that there are 2 types of Lasting Power of Attorney. OPne type deals with financial matetrs and the other type deals with health and welfare issues.

                        Comment


                        • #13
                          Re: power of attorney

                          thanks for all the advice folks. yes mum is his wife. just wondering if we can purchase the power of attorney pack and fill it out will it be legal and binding. how do we register it and where do we do it and how much it would cost.
                          many thanks
                          nannieali

                          Comment


                          • #14
                            Re: power of attorney

                            Hi Nannieali,

                            It's all explained on this web page

                            Making a Lasting Power of Attorney - Office of the Public Guardian


                            You can download the forms and guidance notes for free.

                            You really need to read through everything first and decide if doing it yourself is something you are happy and confident about.
                            It's all a bit involved but the guidance notes are very very good. All of your questions are answered on the web site link above.

                            If you decide to do it yourselves then the only cost involved is when you get to the stage of registering the LPA ( £120 ).
                            There are two types of LPA and you can do just one or both at the same time ( for each one there is a registration charge of £120 ).
                            However you may be able to get a fee remission or exemption if your parents gross annual income is below £16,500.

                            I suggest you have a good read up on the web site ( link above ).

                            Give us a shout if you have any questions or need any help.

                            Budgie

                            Comment

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