"Using" a lasting power of attorney

[bleesh]

I understand about setting up LPAs and that there are 2 types - health and welfare, and financial and property.

BUT how do you as the attorney go about actually using them.
e.g. the attorney has to contact a financial institution to withdraw some money to pay for treatment, for example.

How does the financial institution "know" that you are the legally appointed attorney?

I assume that the attorney would need to send a copy of the LPA?
If so how do you get the copies, and any additional copies that you need?

Would you send copies to all institutions in advance of needing to use them, or only at the time you need to work with that institution?

TIA,

Steve

[jeff m]

I've used POAs they were just attatched to the deed of sale in the case of a property.
For a Financial institution I'm sure it should be put on file. ( I have a partial/limited on my wifes with a fin ist, that is on file)

[jon h]

I have POA for my Dad. I had to register it with the bank- they hold a copy. I was then issued my own cheque book and card for his account. I have sold his house and look after all his financial affairs now he is in a home. On the whole it is no problem at all, although standard procedures with some organisations do not seem to have been designed with the possibility of someone with POA, so a few extra phone calls or proof of ID are needed.

[bleesh]

Thanks guys.

jon_h, do you get a load of copies of the LPA document then, when you set one up?
And you then just send to the relevent institutions when you need to??

[Jasandjules]

You send a copy of the relevant document to the bank along with your first request, and ask them to note on record that you are now POA so that all future documents go to and come from you.

[miniman]

Somewhat tediously (but understandably) you have to register the power of attorney with each institution / company. Banks will issue you with a chequebook stating "your name POA your relative's name".

[Wings]

With there being two differing types of Lasting Powers of Attorney, Property & Affairs and Health & Welfare. Is it more beneficial to register both types, and how easy is it for the average layperson to set up the same, and what are the procedures?

[bleesh]

Wings. I've been looking at the following
http://www.publicguardian.gov.uk/arrangements/arra...

You "can" do it yourself if you wish.

Edited by bleesh on Sunday 24th January 18:26

[Jasandjules]

Wings said:

With there being two differing types of Lasting Powers of Attorney, Property & Affairs and Health & Welfare. Is it more beneficial to register both types, and how easy is it for the average layperson to set up the same, and what are the procedures?

If someone is compus mentus then you can simply produce a letter and get them to sign it.

[Wings]

Thank you to the last two posters for posting the info. I have just been quoted by a solicitor £1000 for a pair of him & her’s (wife), of either Property & Affairs or Health & Welfare, each with registration and certificate. And for both of the same, at £1800, again with registration and certificate.

[Who me ?]

Jasandjules said:

If someone is compus mentus then you can simply produce a letter and get them to sign it.

Unfortunately ( as I found out in my Dad's case) , the time from compus mentus to gaga-can be very little ,and in cases like his ( mini stroke) , we all do not want to interfere ,and persuade ourselves that all will be well in a short spaceof time .Also found out ( though this was in Scotland ) that Social Services can apply/help with this sort of thing .

[jon h]

bleesh said:

Thanks guys.

jon_h, do you get a load of copies of the LPA document then, when you set one up?
And you then just send to the relevent institutions when you need to??

I set the whole thing up using the forms downloaded from the office of the public guardian. No solicitors involved. Cost a fee of about £150 to register IIRC. Download form and complete. Send off with fee and wait. 6 weeks later, original form is returned with a nice little holographic sticker on each page. That is it! I went into a local branch of the bank (lloyds TSB). They took a copy and sent it to a central department within the bank which holds the copy.

The vital thing here was that I got it sorted (upon advice form a cousin who had to go through a very long winded proecess) whilst Dad was still firing on all cylinders, as it where. The completion of the form was fairly straight forward and required only the assistance of a family friend who was able to assist dad with part of the process and confirm his state of mind as a witness- I could not do this as the Attourny to be cannot certify the mental state of the "sponsor". Had we waited until he really needed an atourney it would have been too late- in this case, I am told, we would have had to go through a potentially long winded and expensive legal process.

I cannot stress too highly- if you think you MIGHT need to set this sort of thing up in the future- do it now! It was very easy and straight forward for me. Less than a year later, Dad's memory and mental state has gone down hill massively. There is no way we could take the easy route today.

[bleesh]

jon_h,

That covers all I was looking for I - thank you.
Dad and I have been talking about this "just in case", like you do, and now unfortunately we actually need to do it.

thanks again,

Steve