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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, I have got my 87 year old mother staying with me this week

Resolved Question:

Hi, I have got my 87 year old mother staying with me this week and she is worried about her finances. I have suggested that myself and my brother become power of attorney which she is happy about.
Our problem is that she lives in Coventry, I live in North Lincolnshire and my brother lives in Morecambe. What is the best way to progress this ?
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi,

 

A lasting power of attorney is now the appropriate power to take. There are two types 1) Health & Welfare - which deals with the practicalities of her care (medical decisions, accommodation etc) and 2) financial affairs - this allows the attorneys to manage the person finances and property (eg. paying bills, accommodation, collecting income/benefits), this power (depending on the her instructions) could be used either before or after she loses the mental capacity to make decisions for herself.

 

They are all dealt with through the Office of the Public Guardian. She, donor, would obviously have to be the one making the application. The forms are available for download from the OPG website and I attach link to the page for LPAs and you will see there is lots of useful information, including guidance notes:-

http://www.publicguardian.gov.uk/arrangements/lpa.htm

 

It would be best, XXXXX XXXXX of the application being successful and avoiding any suggestion of impropriety, for a solicitor to make the application after having taken her instructions. It should cost around £400.00+ Vat in legal fees and the OPG fee is around £300.00 for each power.

 

If despite the fact that you are some distance away you think you might be able to manage her finances adequately from a distance then she may choose to nominate you as an attorney(ies). If not then it may be more appropriate to also select a solicitor in her area or another very trust-wroth individual.

 

You can find solicitors in your area or that of your mother's by entering the postcode and selecting "wills and probate" from the drop down menu (they will all have solicitors dealing with LPAs):-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

 

If this is useful please kindly click accept so that I May be rewarded for my time. You will be free to ask follow up questions.

Kind regards,


Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6466
Experience: BA (Hons), PgDip, Practising Solicitor
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