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Carers UK Forum • Lasting Power of Attorney - Solicitor vs DIY?
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Lasting Power of Attorney - Solicitor vs DIY?

Posted: Sun Nov 03, 2013 8:24 am
by MrsV
Dear friends, as a newbie I could do with some advice on anyone's recent experience of setting up a lasting power of attorney. Although my mum has the mental capacity to manage her finances etc, she is less interested in it now....she'd like me to do this on her behalf. Is doing it yourself advisable? Or does the hassle factor suggest a solicitor is better placed to do this for a fee? I work full time and can often be away from home one night a week; my husband also has a very busy job too... I think I know what I need to do, but could do with hearing from anyone with some recent direct experience....I want to ensure I spend my time doing the right things rather than creating myself unnecessary work and probably stress too!

Thank you Image

Re: Lasting Power of Attorney - Solicitor vs DIY?

Posted: Sun Nov 03, 2013 8:48 am
by Juggler
My dad's was set up via a solicitor. He couldn't have managed it himself and, handing over to a professional was a means of cutting through family conflict.
Perhaps someone else could offer the DIY experience?

Re: Lasting Power of Attorney - Solicitor vs DIY?

Posted: Sun Nov 03, 2013 9:14 am
by daylily
Hi, ours was a DIY job. My sister in law and myself sat down and read through all the paperwork making notes, then we answered each question on paper before putting it down on the form. It is very important to read the helpful notes that come with the forms and any questions that do not apply need a line through the box, you cannot just leave it blank.
Everything came back OK.
It took time but was better than paying a solicitor.

Re: Lasting Power of Attorney - Solicitor vs DIY?

Posted: Sun Nov 03, 2013 11:44 am
by Tristesa
I think that the Lasting Power of Attorney process is indeed one that one could do on one's own, as Daylily has said, and thereby save any solicitor's fees.

However, there is a general point I want to make here: not all legal processes can be carried out by amateurs; the law is a complex field of knowledge. I would therefore advise everybody to find a solicitor that they can trust and feel comfortable with, because sooner or later, most of us need professional legal input in dealing with something that requires expert knowledge.

We don't have to pay our doctors or dentists upfront, as we do our lawyers, and we all self-medicate for minor problems, but we still all accept the absolute need for professional medical help from time to time, and we therefore try to find practitioners who have been recommended to us by others, whom we like and get on with as people, and whom we can trust as experts in their field.

I suggest the same is true of the legal profession. Lawyers are not all money-grubbing scam artists, any more than all doctors are quacks... Image I have found my own solicitor not only competent and helpful over the last 10 years, but more than that: he has been a reassuring friend in dealing with everything from my late parents' estate to my LPA for my husband, and recent changes to my Will. He is technically retired now, but I have moved on to a younger partner in his firm, and even though this means I have to travel from London to Cardiff to see her, it is worth it, in my opinion. (I also like to have an excuse to go to Cardiff sometimes...) Just picking a solicitor out of the phone book is no different from picking a doctor or dentist that way. You need recommendations and personal experience.

Tristesa

Re: Lasting Power of Attorney - Solicitor vs DIY?

Posted: Sun Nov 03, 2013 12:38 pm
by Scally
We paid a solicitor to handle my late fil's will and power of attorney, mainly to provide assurance in the event of any disputes arising with other family members, (his memory and intellect was starting to struggle a bit at that point but he was still able to instruct a solicitor and I made a point of leaving them to get on with it) but used the POA as a template for the other family members, so we all have one now.
For my son's will and POA I will use a solicitor in case there is any dispute about his capacity.
I had the family wills done through my Trades Union for free, but they aren't that expensive to have done if the estate is simple. I have also used a standard kit to handle winding up a small estate - it can be a bit fiddly but it honestly isn't that bad where the intentions are clear through a legal will and the assets are known. For a larger or more complex estate, or where there is no will, a solicitor is pretty essential.

Re: Lasting Power of Attorney - Solicitor vs DIY?

Posted: Sun Nov 03, 2013 2:42 pm
by MrsV
Hi everyone! Thank you for your replies.....there are pros and cons for both options and given my circumstances - busy job and busy household, I think I will opt for engaging a solicitor - the same one that drafted our wills as well as my mother's; in fact, he mentioned that we ought to consider LPA then (18 months ago), but thought we'd do it at some point....well we never have and time has now come to past....thanks again for taking the time to reply - I feel I have a whole new set of friends who understand what I'm going through!

Image

Re: Lasting Power of Attorney - Solicitor vs DIY?

Posted: Sat Nov 16, 2013 1:10 pm
by cindie_1508
My dad's was set up via a solicitor. He couldn't have managed it himself and, handing over to a professional was a means of cutting through family conflict.
Perhaps someone else could offer the DIY experience?
My problem is the cost can some one advise please i do not have any idea how to go about doing an LPA "diy" ????

Re: Lasting Power of Attorney - Solicitor vs DIY?

Posted: Sat Nov 16, 2013 3:08 pm
by susieq
My dad's was set up via a solicitor. He couldn't have managed it himself and, handing over to a professional was a means of cutting through family conflict.
Perhaps someone else could offer the DIY experience?
My problem is the cost can some one advise please i do not have any idea how to go about doing an LPA "diy" ????
this is a good place to start;

https://www.gov.uk/power-of-attorney