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F E Smith
F E Smith, Advocate
Category: Family Law
Satisfied Customers: 14272
Experience:  I have been practising for 30 years.
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I need a lasting power of attorney for finances and health

Customer Question

I need a lasting power of attorney for finances and health for my husband. I am a full time carer and I do not have the means to go to a solicitor please help if you can.
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: No I dont know what to do .
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Durham County Court
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: My husband would be physically unable to attend he is receiving palliative care due to a number of strokes and a brain tumour. We only have benefits.
Submitted: 9 days ago.
Category: Family Law
Expert:  F E Smith replied 9 days ago.

Good afternoon. I will assist with your question - be aware this is an email not chat service therefore i maybe delayed in replying.

is he mentally capable?

has he made a will?

do you have a property?

 

Customer: replied 9 days ago.
Yes he has capacity there is no will and the property is in my name only
Expert:  F E Smith replied 9 days ago.

 

 

Here are all the details on the donor making the application to appoint a Attorney under a Lasting Power

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

 

if however the person who would normally be making the appointment does not have the mental capacity to grant the power-of-attorney to someone else, then whoever wishes to look after that person’s affairs will have to make an application to court to become a deputy. Here are the details on that:

 

https://www.gov.uk/become-deputy

 

please note that the latter process is a lot longer than just applying for to appoint a Attorney under a Lasting Power. It could easily take six months.

 

Solicitors will charge about GBP500 for making the first Attorney -type application and about GBP1500 to appoint a deputy.

 

There is no legal aid.

 

This is very much a go yourself job, it’s just a case of going through the paperwork slowly and methodically.

 

Please note that in either case the person who is going to look after the affairs can be appointed to deal with finances only or health and welfare only or both.

 

The court fee is 83 pounds each.

 

there is very little legal aid available now except in very few categories but if you are on benefits or low-income, you may get help with or not have to pay the fees. Details are here:

https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees

 

 

You need to go through the documentation methodically and it needs to be signed in order so be careful. However if anything is incorrect when it submitted, they will send it back telling you what’s wrong and how to remedy it.

 

You need to consider also having other attorneys, in case you are not available and also consider having replacements in case any of the attorneys die.

 

Can I clarify anything else for you?

 

I am happy to answer any specific points arising from this.

 

Please take a moment to look at the top right-hand corner of the page and rate my service by clicking one of the stars at the top of the screen.

 

You may need to login again to use the rating service. Although it says "rate to finish" it doesn't close the thread and we can still exchange emails.

 

It's important that you use the rating service because that gives me credit.

 

It doesn't just give me a pat on the head! It's what gets me paid!!

 

There is also an experts incentive scheme whereby the more 5 star ratings I get I do actually get a pat on the head!

 

All you need to do is press Submit.

 

Thank you.

 

If you still need any points clarifying, I will still reply because the thread does not close.

 

Best wishes.

 

FES