New power of attorney guide

Nick_A_3 · 14 December 2011 at 1:55PM

I have just registered both finance and health & welfare lasting power of attorneys with the Office of the Public Guardian for my Dad. The process was straightforward but slow because the OPG seem to be backed up with applications. My question is what now? Who do I have to inform and how? I have contacted my Dad's bank who are (slowly!) processing the paperwork, but do I need to tell anyone else e.g. utilities, council, NHS, private pension etc? Fortunately my Dad is still 'with it' and so I don't need to make any decisions for him just yet but he is living in a nursing home and my Mum is finding it hard to manage the household so I need to be able to help her deal with bills and officialdom in general.

John_Pierpoint · 14 December 2011 at 3:06PM

kazlau wrote: »

How would other MSE'ers suggest going about having this discussion with my 77 year old mother? She can be as sharp as a tack but I worry about the implecations if she suffers a deterioration. After my Gran died and we experienced the problems accessing her accounts etc my mum made me a joint account holder for her banking accounts. She holds all the cheque books and cash cards but feels that this is a safety net if she passes away or becomes incapacitated because I will be able to access her accounts as joint signatory. Would this be sufficient or do you think we should get an LPA? We are in Scotland if that makes any difference.

Even though I had invested £0.75 in obtaining Enduring Power of Attorney, I managed with an arrangement similar to yours for my mother's remaining 4 years, because the power of attorney caused more problems than it solved for every day transactions.

The biggest problem is the deteriorating signature and you just never know when it will be needed and you will also get telephone calls saying "I must speak with the account holder (now)".

There is also the warning above of public officials getting in on the act and deciding what is best for your relative - there is no problem they cannot solve by spending some one else's money.

The LPA is a bit of a make work exercise and as the fuss from the Altzheimer's Society demonstrates the elderly incompetent are a target for "fraudsters"; a situation that a public official and a piece of paper will do little to correct.

Alzheimer's Society financial abuse worry for sufferers[IMG]chrome://searchshield/content/safe.gif[/IMG][IMG]chrome://searchshield/content/vrsn-secured-lsfo.gif[/IMG]

‎
BBC News - 32 minutes ago
The Alzheimer's Society estimates that victims have collectively lost £5m and is calling for better protection for people with the condition. ...
Con artists cheats £5m out of dementia sufferers in Wales‎ WalesOnline
People with dementia being conned out of £100million‎ Mirror.co.uk
Dementia patients swindled out of £100m by con artists and rogue ...‎ Daily Mail
The Press Association - Lancashire Evening Post
all 226 news articles »

Moneysavingexpert.com founder Martin Lewis said the true figure for money lost was likely to be much higher as financial abuse was often not reported.

[Reported? Who to? joke?]

LPA is a bit like house insurance - the odds are you won't have the house burn down but what would you do if it did.

covlass · 14 December 2011 at 3:23PM

My DD will be 16 next year she has Autism & SLD so when would I sort this out when she is 16 or 18? And do I have to have a solicitor involved? Sorry so many questions but I am finding it difficult to get my head around.
Many Thanks

ivorycoaster · 14 December 2011 at 4:03PM

All very well but where is the advice for Scotland??

Errata · 14 December 2011 at 4:37PM

One in three of us will die with dementia.

I think this phrase needs to be re-thought and clarifield. Clearly one in three of all the people who die in the UK each and every year do not have dementia.

traffic_2 · 14 December 2011 at 5:52PM

What Martin is saying here is absolutely essential for anyone whose parents or partner is getting older and maybe a bit forgetful. Just about a year ago my mother was judged not to have the mental capacity to manage her own affairs due to advancing dementia.
My mother has always been very independent and would not let anybody "interfere" with her affairs, and therefore would not let me arrange power of attorney. After she was deemed incapable and had to go into a nursing home I had to consult a solicitor about becoming a Deputy under the Court of Protection. What a performance that was, taking nine months and costing (my Mum) £1,400. On top of that there was a registration payment of £100 and an annual insurance premium of about £200.
The regulation of a Deputy is extremely tight, I have just had an inspection of the accounts of Mum's money and what has been done with it, and they even visited the home where she is and inspected her room, the care plans and even tried to speak to my Mum who told the inspector to "b****r off" which is what she tells most people these days.
So to sum up, if you think someone near to you may be drifting into problems get power of attorney even if you have to force the issue. The alternative is a minefield so please learn from my experience.
Dementia is much harder on the loved ones than on the sufferer.

cornerstone13 · 16 December 2011 at 2:29PM

My sister and I have set up both LPAs for my 81 year old mother this year. Her memory is deteriorating and so we were doing most of her paperwork for her anyway - we broached the LPA subject with her by saying (not suggesting) we were 'formalising' what we were already doing . I had been attending GP appts with Mum for a few years already (as when she gets there she can't remember why), so it was simple to ask the GP to be the "Certificate Provider". We had a couple of long standing family friends to be the "Persons Who Must Be Told" who know all of us well.

We did the process ourselves and found it very straightforward indeed, as long as you read through everything at least six times and take it all logically. My sister and I are Joint Deputies, so Mum has appointed a Replacement Deputy as, if anything happened to my sister or me, the LPA would become void.

We did call the Office of the Public Guardian a couple of times with questions and they were very helpful. The entire process took about four months and it is one less thing for everyone to worry about. As Traffic says, it is much easier to set up before it's actually needed than afterwards

PetersRock · 17 December 2011 at 12:20PM

I wonder if Martin can put some advice in this web page/emails about dealing with money, once you are a Registered Attorney?

I currently deal with two relatives' finances. The problem is when I try to get a good rate of interest and send in the Registered LPA document, with cheque and bank forms there is usually a bounceback of the information with demands for doctors letters and other objections, since banks seem incapable of understanding what an LPA means.

I already act as a joint signatory on bank accounts. That was set up prior to the LPA being Registered. So can I just send in the cheque, fill in the bank forms and sign as a joint signatory, (leaving the LPA out of it for now) when setting up new savings accounts, in the person's name?

I feel that would make things far simpler, but I do not wish to 'lose' money to years of bank wrangles later.

Help. Please. I surely cannot be the only person in this position.

I don't really want to deal with other people's financial affairs.. but since I'm stuck with it...

janicewaring · 17 December 2011 at 1:49PM

I submitted my applications to the PGO via my solicitor in July 2010 - they apparently got mislaid. They were re-submitted in September 2010 and the registration monies taken in October 2010. My attornies were contacted by the PGO in May 2011 but to date I have not received the legal documentation. Many enquires have been made but to no avail. My advise would be to apply as early as possible because of the very serious delays within the PGO system.

Sandyken · 21 December 2011 at 10:49AM

I made out a PoA prior to the present system coming into force about 5 years ago.

Is this still valid or do I need to make application under the new system?

New power of attorney guide

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