Last Power of Attorney registration

[PostHeads123]

My mum had a stroke last week and currently her mind is not good confused etc, she had her place for sale before and we got an offer today. Prior to this she had told me she had an Lpa in place so I rang solicitors who informed me she did it in 2016 but it was not registered and then proceeded to tell me it takes 5-6 months to register . My mum can make her own decisions but we had to get Dol in place in the hospital as she wanted to leave as she very stubborn.

Has anyone else registered an lpa recently and is 5 to 6 months realistic? I don't understand why she would do an lpa and not register it was there a change at some point requiring it to be registered? Is there anything other option I can use? I have an appointment with solicitors on Friday.

Thanks

Edited by PostHeads123 on Monday 24th April 19:36

[NiceCupOfTea]

I can't help you specifically, but it's a bit of a minefield I think. My parents both had Enduring Powers of Attorney set up 20 years or so, and after my dad died recently I had a right old problem invoking it for my mum so I could do her online banking for her. Have been advised that it needs changing to a LPoA but it can take a few months. I think EPoA can cover health issues or financial issues but not both? It all seems very confusing and it seems that everything done before 2017 is useless now or something. It all seems to take forever, especially as it seems impossible to get an appointment at the bank as they keep closing branches...

[alscar]

PostHeads123 said:

My mum had a stroke last week and currently her mind is not good confused etc, she had her place for sale before and we got an offer today. Prior to this she had told me she had an Lpa in place so I rang solicitors who informed me she did it in 2016 but it was not registered and then proceeded to tell me it takes 5-6 months to register . My mum can make her own decisions but we had to get Dol in place in the hospital as she wanted to leave as she very stubborn.

Has anyone else registered an lpa recently and is 5 to 6 months realistic? I don't understand why she would do an lpa and not register it was there a change at some point requiring it to be registered? Is there anything other option I can use? I have an appointment with solicitors on Friday.

Thanks

Edited by PostHeads123 on Monday 24th April 19:36

Firstly sorry to hear about your Mum.
The rules on Enduring /POA /LPA did change a few years ago and now only LPA's I think can be done and registered although I'm not sure whether a previous one can be done and not registered so might be worth checking via the OPG website ?
Age UK might also be worth a call ?
If this doesn't yield any information to help it isn't impossible to get a new LPA drawn up assuming your Mum is able to understand the basics but this could indeed 20 weeks to then get sorted and registered by the OPG so wouldn't help your current position.
As you are seeing a Solicitor this week I would simply just go through the issues with them.
I know you can apply to the Courts for power but that will also take some time -maybe 6 months.
I had to seek LPA for an elderly relative a couple of years ago and thankfully managed to do so even through Covid which was interesting.
Good luck.

[alscar]

NiceCupOfTea said:

I can't help you specifically, but it's a bit of a minefield I think. My parents both had Enduring Powers of Attorney set up 20 years or so, and after my dad died recently I had a right old problem invoking it for my mum so I could do her online banking for her. Have been advised that it needs changing to a LPoA but it can take a few months. I think EPoA can cover health issues or financial issues but not both? It all seems very confusing and it seems that everything done before 2017 is useless now or something. It all seems to take forever, especially as it seems impossible to get an appointment at the bank as they keep closing branches...

As my previous post and from experience the whole thing is such a painful experience which is why its best to get new LPA's for your parents today even if you or they think they will never be needed.
They need 2 each -one for Financial and one for Health.
Even with them, dealing with whomever is a bit of that minefield -some are very helpful ,others not so much !
Some Banks have departments specifically and only dealing with LPA authorities but still doesn't mean they are necessarily that helpful.
It was certainly a steep learning curve for me.

[popeyewhite]

Get on with the LPA NOW.

Even with a LPA banks can still require time....NSI (if your mum has bonds) were a nightmare.

[LimmerickLad]

We recently did LPoA for the MIL and it took about 2 months from submission...very straightforward process online without a solicitor or their costs.

[Your Dad]

My F-i-L was diagnosed with Alzheimer's last year so I helped the family setup LPOA. Was completed online and then the documents printed & signed before posting off to be registered. Took about 4-5 months from posting before it came back as being registered.

[alscar]

popeyewhite said:

Get on with the LPA NOW.

Even with a LPA banks can still require time....NSI (if your mum has bonds) were a nightmare.

NSI were the absolute worst in my case and by some way !
So much so that I complained to the Ombudsman about them - to no avail.

[Far Cough]

Ask solicitor to send you a copy of the one they have and submit a new one NOW. If the solicitor stalls , just start afresh.

Do it all online. Its admin heavy but not complicated if you know how to use a laptop.

[LunarOne]

I had LPA for both medical and financials for my mother. The solicitor we went through to set it up screwed up and so it ended up that my sister and I were registered only for medical. They re-submitted the forms and straightened it out, but the whole process was much quicker than 6 months. But I still wouldn't wait.

[Fozziebear]

It can take 6 months from online submission, paper signatures and post, I started it with my late father, I wish i'd sat him down years ago. I'd advise the same for wills, make sure everything is air tight, executor sorted, and stored safely, I'm going through the waiting stage for my late fathers will and estate notification, passed away in January and no contact yet.

[Pedro25]

My wife and 2 sisters have just done this for their mum, 2 LPA's Health and Wealth, both registered with the LPA service who quote 20 weeks before they can approve. Wife got an acknowledgement from them stating they had received the application and all was good so it was now entering the system of sign off and approval. It's definitely not a quick process though.

[popeyewhite]

alscar said:

NSI were the absolute worst in my case and by some way !
So much so that I complained to the Ombudsman about them - to no avail.

They reduced my confused 89 year old mum to tears over the phone by not accepting her security answers, which were entirely valid. 5 such calls had to take place over 4 months before they released her money into HER account. They didn't make appointments they'd arranged, different departments didn't recognise our case, younger staff were dogmatic to the point of stupidity etc etc. I suspect because of the lack of communication between departments they were WFH. At least I hope so because if that was the norm it's truly shocking.

I didn't bother with the Ombudsman because it took all my energy at that time just to keep sane IYKWIM.

[Tymb]

alscar said:

popeyewhite said:

Get on with the LPA NOW.

Even with a LPA banks can still require time....NSI (if your mum has bonds) were a nightmare.

NSI were the absolute worst in my case and by some way !
So much so that I complained to the Ombudsman about them - to no avail.

Having had to do this a couple of times in the last couple of years I’d recommend registering for the online LPA service. There was no way I was going to send originals to the NSI during covid.

https://use-lasting-power-of-attorney.service.gov....

Got a code using the above service, sent them a short letter saying who I was and who the account I wanted to look after was (I think there was a template on their website, I just copied the form and did it in word). Got a reply it was sorted in a few days, did the same again for my mum a couple of months ago and again sorted in under a week.

[alscar]

Tymb said:

Having had to do this a couple of times in the last couple of years I’d recommend registering for the online LPA service. There was no way I was going to send originals to the NSI during covid.

https://use-lasting-power-of-attorney.service.gov....

Got a code using the above service, sent them a short letter saying who I was and who the account I wanted to look after was (I think there was a template on their website, I just copied the form and did it in word). Got a reply it was sorted in a few days, did the same again for my mum a couple of months ago and again sorted in under a week.

Yes that's a good service and I had used it successfully for a number of other entities but NSI just didn't want to know so you were obviously dealing with someone there more intelligent.
In the end it made no difference as I sent them a certified copy of the original.

[alscar]

popeyewhite said:

They reduced my confused 89 year old mum to tears over the phone by not accepting her security answers, which were entirely valid. 5 such calls had to take place over 4 months before they released her money into HER account. They didn't make appointments they'd arranged, different departments didn't recognise our case, younger staff were dogmatic to the point of stupidity etc etc. I suspect because of the lack of communication between departments they were WFH. At least I hope so because if that was the norm it's truly shocking.

I didn't bother with the Ombudsman because it took all my energy at that time just to keep sane IYKWIM.

That's appalling service ( actually no service whatsoever ) but if my case was anything to go by you probably saved yourself a bit less pain from not complaining !
I also had to deal with HMRC ,debt collectors ,the Council and the utility companies using LPA " powers " to help my elderly relative and certainly learnt a few things about human behaviour during that time.

[Far Cough]

There is no requirement to use a solicitor by the way. Just in case anyone reading is worried. It's just a simple form filling in exercise although a touch lengthy.

If you engage a solicitor , they are only going to ask you the same questions and fill out the form for you - obviously at great expense !

[PostHeads123]

The Office of Public Guardian seems screwed from what I have seen over last 8 yrs registeration times have gone up from a few weeks / month to 5 months blaming covid. I rang them yesterday and was number 29 in the queue so gave up, no way to fast track it. I'm going to lose the sale of my mums flat and will have have to pay for her care home myself when she moved I cannot act on her behalf at all, in situations like this you think they would make registeration a priority, seems my mum was sorting it out just as covid started and lpa was done / signed solicitor claims they sent it for registration but it's not on the register. I'm having to deal with my mum which is enough in itsself and then this is just another kick in the teeth.

[alscar]

PostHeads123 said:

The Office of Public Guardian seems screwed from what I have seen over last 8 yrs registeration times have gone up from a few weeks / month to 5 months blaming covid. I rang them yesterday and was number 29 in the queue so gave up, no way to fast track it. I'm going to lose the sale of my mums flat and will have have to pay for her care home myself when she moved I cannot act on her behalf at all, in situations like this you think they would make registeration a priority, seems my mum was sorting it out just as covid started and lpa was done / signed solicitor claims they sent it for registration but it's not on the register. I'm having to deal with my mum which is enough in itsself and then this is just another kick in the teeth.

Presumably your Mum had paid the Solicitor so I’d be pushing them to get it sorted.
I don’t think it’s good enough for them to claim that they have done it all otherwise.
I’m assuming you’ve checked “ her “ papers to see if there is any sign of a hard copy ?

[PostHeads123]

alscar said:

Presumably your Mum had paid the Solicitor so I’d be pushing them to get it sorted.
I don’t think it’s good enough for them to claim that they have done it all otherwise.
I’m assuming you’ve checked “ her “ papers to see if there is any sign of a hard copy ?

Yeah solicitors did for her I have appointment on Fri to see them, the copies etc are signed it was all completed just not registered and it only becomes active on registration they claim they sent, it was start of lock down anything could of happened. There is no way to fast track so have to resend it for registration. Government need to pull there figure out if they think a 5 month weight is acceptable she might not even live that long.