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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 23699
Experience:  Senior Partner at Berkson Wallace
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How do I go about setting up a enduring power of attorney

Customer Question

How do I go about setting up a enduring power of attorney for my parents
JA: Where are you? It matters because laws vary by location.
Customer: In Tottenham london
JA: What steps have you taken so far?
Customer: None but I already do their finances and appointments for them but they now want it done officially so if they loss capacity to make discissions they know someone is doing it for them
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Both parents are elderly and do not leave the house
Submitted: 11 days ago.
Category: Law
Customer: replied 11 days ago.
Still waiting response
Expert:  Stuart J replied 11 days ago.

Hello. Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Are you the only child or are there siblings?

do you wish to have POA for welfare as well?

Customer: replied 11 days ago.
I am the eldest of five but this is both my parents wishes as I do most things for them At present they have the capacity to make decisions about their health with me acting as an advocate for them as they get confused
Expert:  Stuart J replied 11 days ago.

You cannot set up an enduring power-of-attorney and haven’t been able to since 2007 although you can register an existing one.

What your parents can do however is lasting powers of attorney.

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 GBP1500/2000 to appoint a Deputy, plus the court fee.

There is no legal aid.

This is very much a do it yourself job,if you want to of course, it’s just a case of going through the paperwork slowly and methodically.  There is a lot of it and far more in the deputy application.

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.

Because of the potentially protracted timescale and because there is sometimes some urgency, it is possible to make an emergency application for an interim order:

https://www.gov.uk/emergency-court-of-protection

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Customer: replied 11 days ago.
Could you send me the paperwork so I can go through it with my parents so their wishes are met
Expert:  Stuart J replied 11 days ago.

If you follow the links, in the previous response, there is all the paperwork and everything that you need to know.