British Expats

British Expats (https://britishexpats.com/forum/)
-   Canada (https://britishexpats.com/forum/canada-56/)
-   -   Power of attorney (https://britishexpats.com/forum/canada-56/power-attorney-534080/)

destinationnovascotia May 3rd 2008 4:08 am

Power of attorney
 
Has anyone recently set up power of attorney in the UK? I was planning to go over alone to complete on our house and my OH needs to set up power of attorney for me to sign on his behalf.

I know that rules changed recently but I am finding quotes of around £700. This rather defeats the object of my going alone (to save money).

I have seen DIY kits on the web but I don't know how easy it is to do and if there are any costs to incur after you have bought the pack.

I would really appreciate the benefit of anyone's knowledge on this.

Thanks.

Elaine B. May 3rd 2008 4:21 am

Re: Power of attorney
 

Originally Posted by destinationnovascotia (Post 6302872)
Has anyone recently set up power of attorney in the UK? I was planning to go over alone to complete on our house and my OH needs to set up power of attorney for me to sign on his behalf.

I know that rules changed recently but I am finding quotes of around £700. This rather defeats the object of my going alone (to save money).

I have seen DIY kits on the web but I don't know how easy it is to do and if there are any costs to incur after you have bought the pack.

I would really appreciate the benefit of anyone's knowledge on this.

Thanks.

£700.00 sounds like a lot:ohmy: but I can only compare with the cost in Toronto. In the law office I used to work for a POA would cost less than $100.00. I hope you find a way to get it done for a more reasonable fee.

destinationnovascotia May 3rd 2008 4:26 am

Re: Power of attorney
 
It sounds like daylight robbery doesn't it? I am still reeling from the quote. Surely it can't be that complicated? After all, it's just filling a form at the end of the day.

Elaine B. May 3rd 2008 4:31 am

Re: Power of attorney
 

Originally Posted by destinationnovascotia (Post 6302933)
It sounds like daylight robbery doesn't it? I am still reeling from the quote. Surely it can't be that complicated? After all, it's just filling a form at the end of the day.

I used to prepare them in work all the time. We had a precedent set up on the computer and you just filled in the names, it takes a couple of minutes to do. I would always advise speaking to a lawyer if you're getting a Will but for a financial POA between you and your OH I'd be tempted to use the DIY forms. Just my 2 cents.

Nanook May 3rd 2008 5:15 am

Re: Power of attorney
 
I just arranged POA, my sister left for Okotoks last week and I'm hoping to get the house up for sale in a few weeks, the house is the family home left to both of us.

I was charged the grand total of £50 +Vat. The lawyer who works for the estate agents I will be using arranged it. She did say she was doing it at a reduced cost.

Twenty odd years ago I had POA for my mother and I think I paid something like £60. and that was the lawyer coming to the house as my mother was house bound.

Charging £700 is outrageous, a license to print money! :mad:

AmyDavid May 3rd 2008 6:49 am

Re: Power of attorney
 

Originally Posted by Elaine B. (Post 6302950)
I used to prepare them in work all the time. We had a precedent set up on the computer and you just filled in the names, it takes a couple of minutes to do. I would always advise speaking to a lawyer if you're getting a Will but for a financial POA between you and your OH I'd be tempted to use the DIY forms. Just my 2 cents.

I used to do the same - and we charged at most 50 quid plus VAT - though there are a few different types of power of attorney and so they may be quoting you for completely the wrong one?

Alberta_Rose May 3rd 2008 6:57 am

Re: Power of attorney
 
If it's just for the house sale I'm sure it's quite simple. You're not making a complete power of attorney thing for all your financial concerns. We did it when we left the house before the sale was completed, but the solicitor was a friend and I'm not sure he charged us at all for that!

I'm sure it's not 700 pounds worth though! :blink:

BristolUK May 3rd 2008 7:03 am

Re: Power of attorney
 
I set up a POA for my mum to act for me on my house sale when I left the UK to move here.

That was 2004. I believe it was around £50, but they also acted on the sale, so maybe there was a discount.

destinationnovascotia May 3rd 2008 7:13 am

Re: Power of attorney
 
I am told that the rules changed last year and that is why it is so expensive. I will get more quotes though now that I have had your advice.

Thanks

MB-Realtor May 3rd 2008 10:46 am

Re: Power of attorney
 
Have the P.O.A. written up in Canada. I've got them for clients (who are using the lawyer for a land transfer) and have never been charged. It took 2 minutes, most of that time trying to find the file to print as his secretary was at lunch.:rofl:

dbd33 May 3rd 2008 11:00 am

Re: Power of attorney
 

Originally Posted by MB-Realtor (Post 6303815)
Have the P.O.A. written up in Canada. I've got them for clients (who are using the lawyer for a land transfer) and have never been charged. It took 2 minutes, most of that time trying to find the file to print as his secretary was at lunch.:rofl:


I wouldn't do that. A POA is an important document and there can be all sorts of problems if it's set out wrongly, for example naming the wrong person or specifying that it's only for health or financial issues when you wanted the opposite. If you're named on the POA you have an interest in it and are likely to get it right so I'd think it prudent to do it yourself rather than let some lawyer mess with it.

A financial POA is of limited value in Canada, btw. My ex has one which theoretically allows her to act for me but, on the rare occassions she's tried to use it (to sign cheques while I was away on business) the bank (the TD) has refused to recognise it.

burton bunch May 3rd 2008 12:32 pm

Re: Power of attorney
 
We did this last year - hubby flew to Canada Feb 2007 and we followed in August.

Our Solicitor didnt charge us at all for the POA as like he said he was already charging us for the converyancing.

GBP 700 is stupid p$#s taking cheeky :eek:

Gaynor

MB-Realtor May 3rd 2008 12:57 pm

Re: Power of attorney
 

Originally Posted by dbd33 (Post 6303841)
A financial POA is of limited value in Canada, btw. My ex has one which theoretically allows her to act for me but, on the rare occassions she's tried to use it (to sign cheques while I was away on business) the bank (the TD) has refused to recognise it.


It shouldn't be a problem, sometimes these are rejected as they are not signed properly, normally it would be signed as:-


"dbd33 (written normally) by his lawful attorney (attorneys signature)"

The "attorney" is any person granted the right of attorney.

The party dealing with the donor's (dbd33) attorney has the right to ask for, and review a copy of the power of attorney document to ensure that the authority to bind the donor is valid.

dbd33 May 3rd 2008 1:10 pm

Re: Power of attorney
 

Originally Posted by MB-Realtor (Post 6304037)
It shouldn't be a problem, sometimes these are rejected as they are not signed properly, normally it would be signed as:-


"dbd33 (written normally) by his lawful attorney (attorneys signature)"

The "attorney" is any person granted the right of attorney.

The party dealing with the donor's (dbd33) attorney has the right to ask for, and review a copy of the power of attorney document to ensure that the authority to bind the donor is valid.

The difficulty with the TD is not that the document is improperly signed but that people at the counter, and their managers, have no concept of the existence of such a document. By the time they've referred it to their legal department I have always returned from whatever trip I've been on. I suppose it would work better in the case of the estate of a dead person, a situation where there's no rush.

MB-Realtor May 3rd 2008 1:29 pm

Re: Power of attorney
 

Originally Posted by dbd33 (Post 6304078)
The difficulty with the TD is not that the document is improperly signed but that people at the counter, and their managers, have no concept of the existence of such a document. By the time they've referred it to their legal department I have always returned from whatever trip I've been on. I suppose it would work better in the case of the estate of a dead person, a situation where there's no rush.

Set it up in advance with them, or have your ex-wife as a authorised signatory on your account. I realise that trust issue arise here with an ex-wife.

You could always appoint a lawyer to act on your behalf, pre-authorised to sign a cheque after you e-mailed/phoned/texted, authorisation to them.


All times are GMT -12. The time now is 1:32 am.

Powered by vBulletin: ©2000 - 2026, Jelsoft Enterprises Ltd.
Copyright © 2026 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.