Making a Lasting Power of Attorney UK
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- เผยแพร่เมื่อ 3 ต.ค. 2024
- Making a Lasting Power of Attorney (UK) - EVERYONE needs an LPA and today I discuss what exactly a Lasting Power of Attorney is and why it is so important.
If you've been putting off getting your LPA sorted, or maybe you are an attorney for a loved one and want to know more, have a watch of this video for some guidance and inspiration.
The .gov websites I mention in the video are:
England & Wales: www.gov.uk/pow...
Scotland: www.publicguard...
Northern Ireland: www.nidirect.g...
VIDEO DISCLAIMER: The information contained in this video is for general information purposes only and should not be construed as financial advice or business advice of any kind.
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Have you created a Lasting Power of Attorney? Have you been inspired if you haven't yet done one? Pop a comment underneath!
Thanks Olivia, If I write my will whom can we get it checked any mistakes (technical) that I might have made?
I can be hit by financial charges
Financial responsibilities
And can face criminal charges
You must be joking
It’s like a contract for car finance terms and conditions apply
I’m not signing
Excellent. Precise , pleasant and perfect.
THANKYOU for helping your public.
Clear and concise description of LPA and covering all the points.
Well done Olivia,thank you so much for such clear explanation of the LPA. Extremely useful!!! :))
Thanks Olivia very helpful am about to do both forms with my mum.
Very useful and helpful information, thank you
Thank you lovely, I am glad you found it helpful! :)
Thank you so much. I was with my mum and solicitor last week sorting out enduring POA for my 86 Yr old mum. I found the fact I had to do this quite overwhelming but I guess it made sense to get it sorted. Thanks for explaining it all so well.
Oh bless you Audrey, I am glad you managed to get it all done. It is hard to go through these things but much easier than dealing with a situation where you haven't made these plans! Well done, and I am glad I was able to help! x
Brilliant! This has been very helpful, thank you.
Thank you for your insightful video! Very useful information you provided and I feel I have a better understanding now.
Information very good thank you
Thank you Olivia
Thank you for sharing information with us🙏
Olivia, Thanks for this. Very well explained. The one area you didn’t cover is the one I’m having difficulty with. This is how to coordinate the Actions of the Certificate Provider, the witnesses and the attorneys, including the order in which they sign. In Section 9, the donor signs in the presence of a witness. Who can be the witness? In Section 10, the Certificate provider signs to say the LPA has been discussed with the donor. Can the witness to 9 be the certificate provider? In Section 11, the attorneys sign. Each of these needs a witness. Who can be the witnesses of the attorney signatures? So, is the order as follows: 1. Donor and witness sign and date. 2. Certificate provider signs and dates. 3. Attorneys each with their own witness sign and date. 4. Donor signs to apply? Looking forward to hear your comments.
Great work 👏 👍 👌 💪 🙌
Brilliant video
Very nice and informative
Rana
Thanks Rana! :)
Excellent thanks for your hard work.
Thanks Olivia - very clear and very well explained - thank you.
Olivia, thank you so much for this video!
Excellent video , thank you xoxo
thank yu so much for this video its really helped do you provide info on Will making ?
Useful info thnQ
Hi Olivia, Thanks for the explanation
Can you appoint a DOCTOR as one of the attorney.?
Yes you can! :)
Thanks Olivia this is very good and useful. Could you let us know if an attorney(joint or even replacement) be based outside UK and is there anything to keep in mind while appointing an international joint/replacement attorney.
what is difference between general and lastng power of attorney
Trying to do this online through the government website. The process is simple however how do you get everyone to sign the relevant pieces without the paperwork?
Thank you for the video and it is very useful and easy to understand. Is the LPA still valid upon the death of the donor?
Hi there, thanks for your comment! No, the LPA dies with the donor; after that it is up to the executors of the will to sort things out - so a really good reason to get your loved ones to create wills while they can, if they haven't already done so!
Hi Olivia, do you have a step by step video for the online LPA's, my mom has dementia but still has capacity sometimes.
Is it possible to do this ourselves? Ive been quoted around £700 to do mine and my partners (we're not married). This cost doesn't include the £82 (x4 powers) fee for the opg. Struggling to understand why quote so expensive if the form can be done online. Is it necessary to have a trained person do this for us?
Easy to do yourself.
I was told by trainer LPA for finance has to be different to LPA for health , they both can't be the same, but you are saying they can be same person for both LPA .
They absolutely can be the same person. I am personally POA for my Mum, for example, for both her financial affairs and her health and wellbeing. My husband is POA for me for both. Not sure why they advised you that. It's not true at all! Hope that helps!
very clear good. What does lasting mean ??
Lasting means until the person dies.
"Lasting" means it's good until you die! 👍
Many thanks for the video.
I appreciate the example that you gave. In creating an LPA, is it significant if the couple is not married, but are in a relationship analogous to marriage and this has been the case for over 20 years?
Furthermore, if a partner's assets are frozen because the person no longer has capacity and an LPA is not in place, how does the other partner have access to funds on which to live while applying to the court for a Deputyship Order if the majority of the funds are held in the name of the person who no longer has capacity?
Thank you.
Can we give more than one power of attorney for the same property?
I believe you can have up to 4 people as attorneys, so that shouldn't be a problem.
Many thanks for your very helpful video Olivia!
My wife and I are just going through completing our LPA's for both Health & Welfare and Property and financial affairs. One confusion is the date sequence in section 9 (Signature of Donor). Does this need to be signed and dated by the Donor and Certificate provider, before any attorney's sign and date / have witnessed their part in section 11?
Hi Trevor, yes, everything needs to be in the correct order otherwise the OPG will reject the form (which happened to us when we did my husband's form and one of our attorneys put the wrong date down!). Honestly the best way I've found to do it is to tell everyone not to date it, and then date them all the same date when you send the form off. That way there can be no confusion.
Need ur help I think my uncle is trying for one I’ve not authorised
HI Olivia, My mom has dementia and I was wondering if you could perhaps help me or point me in the direction for a step by step guide for doing the 2 LPA's for her.
Hi Sam, thanks for your comment. If you follow the links I've put in the description, the .gov website allows you to go through the forms which you then have to print out. They also have a handy guide to go with it which is all there and tells you what to do. It is not a difficult process and there is also a dedicated helpline that you can call if you need help or get stuck. The telephone number is on the form. I hope that helps! Best wishes, Olivia
How much does an OAP pay for LPA when they dont have an income (but do own a house), 82?
Great question... they may be eligible for exemption, or remission of part (usually 50%) of their payment... have a look at www.gov.uk/government/publications/power-of-attorney-fees There is a form you can download with more information...whether they can claim exemption or remission will depend on their earnings/benefits they are claiming. I hope that helps!
We are completing our LPA's now but our son is not 18 yet, so I understand that at this stage we would not be able to put him down as an attorney on our application. If at a later date you want to add an attorney to an existing LPA what is the process. Do we have to start again or do we have another form to complete to make an amendment/addition? Or do we fill out all the forms, get them signed and not register them until he is 18?(bit of a worry if anything happens in the meantime).
5 rules off the mental capacity act
For the 3-5 years off providing care 24 hours a day for my elderly mother who now suffers from dementia and Alzheimer’s
Which was pure mental torture for myself
And with the other rules and regulations of the lasting power of attorney
Say i forget or accidentally forget 1 of these maybe up to 100-200 different rule and regulations
I could face criminals charges and end up with a criminal or face a prison sentence
You must be effing joking
No chance I’ve dont my put for my elderly mother
Putting up with constant heartacheship
And zero support from the Nhs and government
Ive not done all i can for my frail elderly mother
Hi Olivia, my mother had appointed my brother and his daughter as lpa a few years back. Recently, she has had stroke and is incapacitated. In this situation I like to add my name as lpa so that I can be included in decision making in my mum's care.
Can you guide me on this please.
Hi Olivia can you apply for power of attorney even if someone had it in place already? My father asked me to do it and my sister whom had it already for him in place? Can I apply for joint?
Too fast
Hi Olivia, thanks for this video. I have both LPA & H&WPA. If an error has been made/ missed off the original application. Can you make an amendment or do you have to go through the complete application again?
Great question! This actually happened to us too...it's so easy to make a mistake! Everything is done by snail mail still, so if an error has been made they will write to you letting you know which bit is wrong with a hard copy of the relevant page for you to fill in. They will also send your entire form back to you, so what you do is correctly fill in the spare page, insert it in the right place in the form and send it back to them. There is a timescale for doing this, I think a month or two, but the letter will tell you the deadline. If you don't get it back to them in time you'll need to pay the application fee again, so time is of the essence. I hope that helps! 😊
@@OliviaFenion Yes it has been of some help. Unfortunately for me the deadline has passed. I missed a previously known name off the form, which might be on one of my old pensions. I only thought of it when watching your video. I’ll ring them for advice and take it from there. I’ll keep you posted on their reply. You never know it might help someone else.
@@MsAnjiuk Oh bless you. Yes do let me know how it goes. Probably giving them a call is the best thing to do first of all - there's a number in the top right corner of the form. Good luck!
Should the nominated person be sent documents? I have not received anything signed anything nor know how to enforce a power of attorney? Any holp would be extremely appreciated
Yes, the nominated person is sent a document from the Office of the Public Guardian telling them they have been nominated. This happens once you've sent everything off. They then have several weeks to object, and if they don't object, everyone then gets paperwork saying it's all been set up.
So what about the part off
I can be hit by charges
Legal responsibility
I can be hit with criminal charges
I only want what’s best for my elderly who suffers from dementia and Alzheimer’s
But its like signing a contract for car finance
Term and conditions
I’m not signing nothing