[phpBB Debug] PHP Warning: in file [ROOT]/phpbb/session.php on line 585: sizeof(): Parameter must be an array or an object that implements Countable
[phpBB Debug] PHP Warning: in file [ROOT]/phpbb/session.php on line 641: sizeof(): Parameter must be an array or an object that implements Countable
Third Party Mandate - Nightmare! - Page 2 - Carers UK Forum

Third Party Mandate - Nightmare!

Share your ideas about the practical side of caring.
Most of it learned the hard way!
https://www.thegazette.co.uk/wills-and- ... ent/100522

Looks like having your great-uncle as a witness could be potentially problematic.
If you are an only child expecting to inherit everything, if the will was invalid you would get everything anyhow, I believe.

If not, I would always recommend a solicitor if over £20,000 is involved, then there can be absolutely no doubt that it is all done properly, and none of it done under duress.
My mum's solicitor sent me into the garden when she spoke to mum, so that she could honestly say I didn't have any influence.

Good job she did, as younger brother who never visited regularly was aggrieved that he didn't get what he thought he would, and tried to get his solicitor to get him more.
Mum's solicitor soon told him to get lost!!!!
Pennie wrote:
Wed Oct 23, 2019 11:47 am
https://www.thegazette.co.uk/wills-and- ... ent/100522

Looks like having your great-uncle as a witness could be potentially problematic.
"Anyone can be a witness to the signing of a will, as long as they are over the age of 18 and are not blind. A witness does not have to be a professional person, and they are not required to have any special qualifications.

You should ensure that your chosen witnesses are as independent as possible; ideal witnesses could be neighbours or work colleagues. A very important point to note is that is a beneficiary must never sign the will as a witness and neither should a close relative, such as a spouse of a beneficiary. Making this mistake would mean that they would lose their inheritance (section 15 Wills Act 1837)."

That sounds like Gran's brother signing won't be a problem. He's not a beneficiary, nor is he linked to any beneficiary.

BB- There'll be nowhere near 20K. Gran only receives state pension, pension credit and a quarterly £50 from a charity.
That's why we didn't feel we needed a solicitor when the will was first written.
My big grievance will be if the will turns out to be invalid, that her son (my uncle) will automatically be 'rewarded' anything in Gran's account. I am upset about this for 3 reasons: 1) He's never done anything for her in her entire life, especially since she's been diagnosed. He visits once a week (if that sometimes) and doesn't do anything for her. 2) When my Mum (his sister) died, he got Gran to pay for funeral flowers from him- he never paid her back. At that time, Gran put her current funeral savings towards payment for the funeral (1K at the time)- my uncle contributed nothing. 3) This is the most important one: it's completely against Gran's wishes as to where her assets will go upon her passing.

On the bright side, I've just had the LPA signed by the witness, signed it myself and have sent it off so at least that side of things will be sorted.
Definitely get that will sorted!
Hi

Not sure if I've followed properly, but regarding the LPA, copies are only valid after the LPA has been registered and returned to you. The copy then needs to be of the registered LPA, and certified by the donor by writing:

"I certify this is a true and complete copy of the corresponding page of the original lasting power of attorney.”
and on the final page also “I certify this is a true and complete copy of the lasting power of attorney.”

Every page needs to be signed and dated.

Any copy that isn't of an original LPA which has been registered and returned by the OPG - stamped ‘VALIDATED-OPG’ - is useless.

As long as the form is filled out correctly, the donor has capacity and the necessary procedures followed, the LPA will be registered - it's not a 'we'll decide whether you can have it' thing.

Regarding the will, as people have said, the LPA is entirely unconnected. That will be a matter of having the will naming you as executor and then applying for probate. Banks will generally release funds for a funeral on receipt of a death certificate and will.

Jane
Actually, it is NOT useless, because it clearly shows the intention of the "donor".

I used my copy of mum's LPA, awaiting finalisation, on a number of occasions, especially when dealing with the medical profession.
bowlingbun wrote:
Thu Oct 24, 2019 6:58 pm
Actually, it is NOT useless, because it clearly shows the intention of the "donor".

I used my copy of mum's LPA, awaiting finalisation, on a number of occasions, especially when dealing with the medical profession.
Crikey. An unregistered LPA should not have been accepted - direct contravention of the Mental Capacity Act, 2005 which states an LPA has to be registered by the OPG in order to be valid by law:

http://www.legislation.gov.uk/ukpga/200 ... f-attorney

I'm afraid attempting to use an unregistered LPA could be quite problematic. Are you sure you're not referring to an EPA here?

Jane
No, POA.

My mum was mentally OK but very disabled. I wasn't using it for banking purposes, they already had a third party mandate. I was using it when mum was very ill, in hospital to show that her intention was very clear. If needed, they could have asked her themselves.
Janey_S wrote:
Thu Oct 24, 2019 6:53 pm
Hi

Not sure if I've followed properly, but regarding the LPA, copies are only valid after the LPA has been registered and returned to you. The copy then needs to be of the registered LPA, and certified by the donor by writing:

"I certify this is a true and complete copy of the corresponding page of the original lasting power of attorney.”
and on the final page also “I certify this is a true and complete copy of the lasting power of attorney.”

Every page needs to be signed and dated.

Any copy that isn't of an original LPA which has been registered and returned by the OPG - stamped ‘VALIDATED-OPG’ - is useless.

As long as the form is filled out correctly, the donor has capacity and the necessary procedures followed, the LPA will be registered - it's not a 'we'll decide whether you can have it' thing.

Regarding the will, as people have said, the LPA is entirely unconnected. That will be a matter of having the will naming you as executor and then applying for probate. Banks will generally release funds for a funeral on receipt of a death certificate and will.

Jane
Hi Jane,

Thanks for the feedback- I'll be taking the original registered LPA form in to the bank when it's returned (I don't actually need the LPA for anything other than the bank account because there aren't any other 'assets' that my Gran owns).
My query regarding the Will was whether or not it was valid because my Gran's brother (who is unconnected to any beneficiary) had signed as a witness and I wasn't sure if this rendered the Will useless. I am named as executor.