Power of Attorney for my dad

[Argyll]

My dads 73 and suffers from ill health. I've dealt with all his financial affairs for years but thought we're better making it official. He has agreed to giving me power of attorney and I've been looking through the process of carrying it out. We've decided to go do it ourselves and wonder if anyone on this site has experience of doing it themselves and if there are any good templates around? I live in Scotland.

[AndyOrch]

Some useful links in the following thread Argyll

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?468059-power-of-attorney-due-to-lack-of-mental-capacity&highlight=Power+of+Attorney

 

Regards

 

And

[BazzaS]

OP states he lives in Scotland, but the key is where the donor of the power resides.

 

If his father is in Scotland too, don't rely on the English protocols.

http://www.publicguardian-scotland.gov.uk/power-of-attorney Is a good start.

 

The FAQs on that site also cover what to do if the POA needs to be used on both sides of the border.

[AndyOrch]

Thanks Bazz... wasn't sure if it differed for Scotland

[Argyll]

Thanks for the links but I already read them. However it doesn't provide any templates or none that I can see anyway. I'm wary about having a solicitor draw it up for me as I think most of them are **** sucking leeches but that's another story

 

I just wondered if there were any templates online I could use.

[maroondevo52]

I just wondered if there were any templates online I could use.

 

Hi,

 

I very much doubt there is, having read this article from 2014, it looks like doing it yourself could be very difficult...

 

http://www.step.org/sheriffs-bombshell-decision-renders-most-scottish-powers-attorney-invalid

[havinastella]

How much roughly is the estate? If it's a fair amount, PAY the £400 and use a solicitor, trust me on that.

 

Jogs

[BazzaS]

Thanks for the links but I already read them. However it doesn't provide any templates or none that I can see anyway. I'm wary about having a solicitor draw it up for me as I think most of them are **** sucking leeches but that's another story

 

I just wondered if there were any templates online I could use.

 

The power is going to need approval from a professional (medical or solicitor) to protect the interests of the donor by showing he is competent to grant it, and to remove the possibility of an unscrupulous applicant. You (and your dad) can choose a doctor if you dislike solicitors.

 

However, (as another contributor has already posted), there are risks to "going it alone" : get it wrong and the power may be invalid.

If you only discover this once your Dad is no longer able to consent to create the power, it will get costly, as you'd then need the court to create the power on his behalf .......

[Heckler]

My mum had this done for my sister and I earlier this year, sadly it was too late for my father as his dementia had already progressed too far. We used a local solicitor (removed) and they couldn't have been more helpful... It wasn't cheap but worth it for the peace of mind.

Edited December 14, 2016 by honeybee13
Lawyers' name removed

[honeybee13]

Hello there.

 

I've had to edit out the law firm name I'm afraid, as we aren't allowed to give recommendations.

 

HB

[Argyll]

I done some research and discovered 'Which Legal' had a special offer on at half price POA until the end of January. I completed an on-line template and their paralegal team checked it over. I then had my dads doctor to countersign it. It's going through the Scottish offices as I speak.

 

I despise solicitors as I have been ripped off in the past while going through family courts £205 an hour really is a mickey take,

 

All in all it's cost me about £130

 

I'll use the same template for my mum

[maroondevo52]

Hope things go well for you Argyll, sounds promising, let us know how you get on.

[Heckler]

So some people are allowed to give recommendations whilst others aren't.... interesting.

[AndyOrch]

So some people are allowed to give recommendations whilst others aren't.... interesting.

 

There is a difference Heckler between free advice and fee charging external links...read the Forum Rules.

 

Regards

 

Andy