Ask an UK Law Question, Get an Answer ASAP!
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:-
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):-
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,
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).