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Old 24-08-2007, 01:08 PM
Lefty Lefty is offline
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Default POWER of ATTORNEY

As there are major changes taking place in the application of the 'Power of Attorney I am posting this advice

To handle the subjects affairs as his 'Attorney' you currently need to have a (if still compos men tis) signed 'Enduring Powers of Attorney' which can be downloaded directly from The Court of Protection's website below
http://www.guardianship.gov.uk/formsdocuments/forms.htm

You can print one off & complete without the aid of a solicitor.

Also here’s the actual form http://www.guardianship.gov.uk/downloads/Make_An_EPA.Web.pdf which is in PDF

However you must do this prior to 1st October 2007 as then it becomes necessary to complete a 'Lasting Power of Attorney' which is 32 pages long & will almost certainly require a solicitors help.

Unlike the present 'Enduring Power of Attorney' which doesn't need to be registered until the person granting it becomes 'non compos men tis' the Enduring one has to be registered from the outset thereby attracting court fees immediately - another S tealth tax

Many solicitors are trying to encourage their clients to prepare 'Powers of Attorney' now in order to beat the deadline when the cost will become prohibitive

If using a solicitor now for an 'Enduring' one then the cost is about 60-100 & if post September then for an 'Lasting' one it rises to 500 +
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Last edited by Lefty : 24-08-2007 at 11:36 PM.
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Old 15-09-2007, 09:10 PM
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Hocuspocus Hocuspocus is offline
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Lefty can i just confirm, if mum fills out a form now, we don't actually have to register it until she becomes unable to deal with her own affairs.

If so is it a case of the form changing and we will hold the one used until 1st October 2007 and it will be held by us until it needs to be used.

Thank you for guidance this is very useful to know.

HP

Added:... just incase any one else is looking it is in the 6th section on the link above, as I was squinnting through all the forms sent my eyes boggly :-)

Last edited by Hocuspocus : 15-09-2007 at 09:23 PM.
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Old 11-11-2007, 12:48 AM
Lefty Lefty is offline
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To add to me previous advice of you need to amend a recently introduced 'Lasting Power of Attorney' you will be charged by the court a further fee of 400, in addition to the original registration fee, for each & every amendment that is required post registration.

I'm told a pattern is already beginning to emerge in that clients are not preparing 'Attorney's' because of the outrageous court fees. Believe me when I say there's trouble ahead for many bereaved families
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Last edited by Lefty : 11-11-2007 at 12:52 AM.
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Old 19-11-2007, 08:02 AM
Happy Contrails Happy Contrails is offline
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The Public Guardian is open to comments from the public & the profession, expect to see a change in the LPA forms and registration form next year.

If you have an Enduring Power of Attorney - like I do - its still valid and doesnt need to be registered to be acted upon.

Quote:
Originally Posted by Lefty View Post
amend a recently introduced 'Lasting Power of Attorney' you will be charged by the court a further fee of 400, in addition to the original registration fee, for each & every amendment that is required post registration.
Where is that quoted? its 150 to register a Property & Affairs and 150 for Personal Welfare. If you are married couple & wants LPA PW and PA together and register them then the fees alone would be 600, a solicitor wilol charge about 250 for each set of powers per person and another 150 if he acting as a mental capacity certificate provider for both. A final bill of about 1363.75, we stay put with our EPA's - it does the job.

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Originally Posted by Lefty View Post
I'm told a pattern is already beginning to emerge in that clients are not preparing 'Attorney's' because of the outrageous court fees. Believe me when I say there's trouble ahead for many bereaved families
Who told you that? I accept the high registration fees could kill power of attorney, my employers company solicitor commented it has a boxy cumbersome registration form, a superfluous prescribed form with too much redundancy creating a huge potential margin of human error in completing it. It requires a mental capacity certificate provider - two of them if nobody is being told of the registration - and places a greater burden on the attorneys.

My questions are, why fix something that aint broke? The high registration fees indicate the motive for change is financial than rational.

Its a document that costs more than an average family holiday - I cant see many takers.
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Old 19-11-2007, 09:51 AM
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If i have read the registration correctly, it now combines the overseeing and advising of care as well as finances.

My view and its only mine... any mistakes or accidents in the care in the community or nursing homes. May be passed onto the attorney for not giving accurate advise as to the patience needs.

May be not the only reason for the change but something I believe would help in avoidance of responsibility in the care system.
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Old 20-11-2007, 12:47 PM
Lefty Lefty is offline
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The 'outrageous' court fees are, as well for registration, for the receiverships (now deputies) where every order required to be made must pay an application fee of 400. Previously several orders could be requested under one application. In other words you could end up with multiple fees each of 400 on top of those already required.

Any solicitor who certifies capacity is just asking for problems later when the probate becomes contentious, as many do.

Best to ask the family GP & another person who has known the subject for at least 2 years
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Last edited by Lefty : 20-11-2007 at 12:50 PM.
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