power of attorney

[honey33]

hi we are in the process of doing this on my dad... and solicitor says it takes a few month to complete as it has to be sent to the court and they go through it was a fine tooth comb and give the big stamp of approval which is costing us £500

my brother in law is starting to do this also and he says that his isnt going through the court ? why is mine and his is not?... surely it has to for the stamp of approval as you need that to take to any banks so you can deal with the money side of things ?

am i being ripped off??

[woofgang]

http://www.publicguar...rms/Making-an-LPA.htm

looks like your bro in law is completing the forms but not registering it. You can't use the LPA until its registered. the registration fee is £120 so if you want a solicitor to complete it and not do it yourself then the fee doesn't seem to me to be that steep for the work involved.

[dzug2]

It does have to go through the court before it can be used - you don't have to do it when the attorney is drawn up but can leave it until later (very unwise if you ever need to use it in a hurry)

You don't have to use a solicitor though - the fee if you DIY is £120 per power

The other possibility is that you are applying for Deputyship rather than Power of Attorney - in this case the court checks whether you should be allowed it as well as whether it's properly drawn up. It looks a bit cheap for that though.

[bednobs]

it doesn't matter anyway - your dad has to "give" the power anyway, so why would he give it seperately to both of you? (you can be named joint attourneys on one form)
There are 2 types: personal welfare (making decisions about care homes and medical treatments for example) and personal affairs (money etc) They can only both be given if the person still has mental capacity If it's 500 for the both i don't think that's bad

[dzug2]

Brother in Law has a different Dad? That's what I read into it.

[bednobs]

duh! of course :)

[honey33]

yes we( me and my sister) are doing it joint and there has to be 2 witnesses which have to go round to my dads to make sure he knows what we are doing so that the witneses can say yes blah blah that my dad has all his faciltys and knows what is happening.......

brother in law is doing the same for his mother and having my husband as second in line for that,,,,, but he is adamant that its not having to go through the court, aparently he had the solicitor go round to his mothers but he didnt want my husband to be there.... but if anything goes wrong he always comes running to us to sort the mess out and then take credit for it himself