How long does a Power of Attorney take?

[hurokjj]

Hi everyone, hope someone can help with a Power of Attorney question I have...

We saw the place of our dreams a few weeks ago - the owner is an elderly lady who had recently moved into a home and the place was being sold by the owner's daughter.

Subsequently transpires that the daughter hasn't received PoA to sell the place. We were waiting to find out last week whether the family doctor would sign off to say that the old dear was of sound mind and body, but it turns out that the doctor cannot do so (he's not an NHS doctor apparently).

anyway, the agent is telling us that the daughter now has to apply to the courts to get the PoA and that it will take up to 3 months for the sale to proceed. Is this correct? Are we resigned to losing this place? Does anyone have any experience with this?

We are in no real rush to move and would like to be as accommodating as possible to the family, but also don't want to be wasting our time if these things drag on for months.

 

[fisicx]

LPA takes about 16 weeks. If the elderly lady can’t fill in and sign the form the daughter needs to apply to the Court of Protection. This can take up to 6 months.

 

[johndon68]

Having looked at getting one a couple of months ago for my mother, we were told that due to a backlog, it can take 6-8 months at the minute. Unfortunately we never got the chance to find out as she passed away in the meantime.

 

[Gyumri]

An ordinary power of attorney can be signed within the hour if the lady is compos mentis. It should be witnessed preferably by her solicitor.

An LPA is something different and only comes into effect when a person becomes Incapable of managing their own affairs.

 

[fisicx]

An ordinary power of attorney can be signed within the hour if the lady is compos mentis. It should be witnessed preferably by her solicitor.

An LPA is something different and only comes into effect when a person becomes Incapable of managing their own affairs.

That’s not correct.

Make, register or end a lasting power of attorney

How to make a lasting power of attorney (LPA): starting an application online, choosing an attorney, certifying a copy, changing an LPA.

www.gov.uk

 

[Gyumri]

There's a difference between a poa and an LPA

The latter is for this purpose:

"This gives you more control over what happens to you if you have an accident or an illness and cannot make your own decisions (you ‘lack mental capacity’)."

The former can be implemented at any time and is effective as soon as it has been executed.

 

[fisicx]

POA as you describe no longer exists.

The quote you posted above is very different to your original statement.

 

[Alyson Dyer]

LPA takes about 16 weeks. If the elderly lady can’t fill in and sign the form the daughter needs to apply to the Court of Protection. This can take up to 6 months.

Sorry to correct you but, since covid LPAs take at least 25 weeks, maybe more.
A deputyship application (should the person be found not to have mental capacity to make an LPA) takes upwards of 9 months.
Don’t start me on the subject of why it took 12weeks to register an LPA before the pandemic and now takes so much longer, everyone else has adjusted their working practices to accommodate business needs, not so the Office of the Public Guardian.
I register an average of 4 LPAs a week for my clients.

 

[Alyson Dyer]

An ordinary power of attorney can be signed within the hour if the lady is compos mentis. It should be witnessed preferably by her solicitor.

An LPA is something different and only comes into effect when a person becomes Incapable of managing their own affairs.

Once registered, Lasting Power of Attorney for Property and Financial Affairs comes into effect when the donor wants it to come into effect, or when the donor loses the capacity to manage their aff@irs.

 

[Alyson Dyer]

POA as you describe no longer exists.

The quote you posted above is very different to your original statement.

It is possible to make a General Power of Attorney for a specific purpose, however it becomes null and void if the donor loses capacity.

 

[WaveJumper]

Having gone through this a few years back with my parents who were of both sound body and mind it was at least 4/5 months from memory by the time we had all the docs in place.

 

[Alyson Dyer]

Before the pandemic I was getting them returned within 9-12 weeks.
Those days are gone, unfortunately

 

[dylanmarlais]

That’s not correct.

Make, register or end a lasting power of attorney

How to make a lasting power of attorney (LPA): starting an application online, choosing an attorney, certifying a copy, changing an LPA.

www.gov.uk

Actually, it is correct. If an individual has capacity, he or she can execute a power of attorney as a deed. However, there's no point in doing that; if she has capacity to sign a power of attorney she has the power to sign the sale agreement and the transfer.

 

[Alyson Dyer]

You HAVE to have mental capacity to write a lasting power of attorney!
It can be used after you have lost capacity (and before with your consent).
Once you have lost capacity someone has to apply for a deputyship order to be able to deal with your financial affairs.

 

[hurokjj]

thank you all for your suggestions.