Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • MSE Jenny
    • By MSE Jenny 13th Dec 11, 12:57 PM
    • 1,216Posts
    • 3,554Thanks
    MSE Jenny
    New power of attorney guide
    • #1
    • 13th Dec 11, 12:57 PM
    New power of attorney guide 13th Dec 11 at 12:57 PM



    Hi, we've written a new Power of Attorney guide to help people plan ahead, and we'd love your feedback.

    If you've set up power of attorney, what are your practical tips? If you're already an attorney for someone else, what advice do you have for others? What else would you add?

    Thanks
    for your help!


    MSE Jenny

    Last edited by MSE Jenny; 21-12-2011 at 2:19 PM.
Page 12
    • Rosie1980
    • By Rosie1980 5th Sep 16, 10:41 AM
    • 102 Posts
    • 31 Thanks
    Rosie1980
    Firstly, please accept my deepest sympathies. Dealing with ill family members is emotionally and physically draining. Dealing with care homes is exhausting and dealing with the finances just adds further strain. I hope you are not alone and there are plenty of family to support one another. I wish you all the best and hope that this forum can help you as much as possible.

    With regards to the LPA, if the person in question still has the mental capacity to do this then it's easy enough to get it filled in online, printed, signed, paid and sent. Although it will take a few weeks for it to come back. But the sooner you do it the sooner you'll have it.

    However if said person no longer has the capacity to nominate someone to take care of things for them then you need to go down the route of becoming a deputy. I know nothing about this, other than it's harder and takes longer than an LPA, but you can get more info here: https://www.alzheimers.org.uk/site/scripts/documents_info.php?documentID=2478

    As an aside, now that you are experiencing first hand the difficulty in not having an LPA get one drawn up for yourself ASAP, spouse, brothers, sisters, aunts, uncles, inlaws - you get the idea, everyone should have one!

    And finally do you know anything about Continuing Healthcare Funding? It doesn't matter how much money a person has if their primary need is a health one then the NHS should pay for their care. I can give more info on this if you are interested.

    All the best, remember you can only be most helpful when you are well, take care of yourself.
    • darren72
    • By darren72 5th Sep 16, 10:44 AM
    • 842 Posts
    • 154 Thanks
    darren72
    And finally do you know anything about Continuing Healthcare Funding? It doesn't matter how much money a person has if their primary need is a health one then the NHS should pay for their care. I can give more info on this if you are interested.
    Originally posted by Rosie1980
    Thank you for your reply and such kind words, it is appreciated.

    Any information you have on this would be appreciated. I believe the care home are claiming £156 per week from the NHS directly - I'm not sure if this is the same thing, but it only covers a very small portion of the bill.
    • Rosie1980
    • By Rosie1980 5th Sep 16, 11:31 AM
    • 102 Posts
    • 31 Thanks
    Rosie1980
    NHS continuing Healthcare Funding (CHC)
    If it's a nursing home then it may be the money currently being paid is the nursing element of the home, I'm just guessing.

    NHS CHC funding is a battle, the first thing to do is have a look at the checklist, https://www.gov.uk/government/uploads/system/.../NHS-CHC-Checklist-FINAL.doc

    Go through this yourself to decide if you think your relative would get through to the next stage. At the bottom of p.7 it lists what is required to be put through to a Decision Support Tool.

    If you think that they should be assessed you will need to request this from the social worker, and make it known that you or someone wishes to be present.

    If you feel that they have a chance you need to start recording everything, the more evidence you have when it comes to the assessments the better as you cannot rely on the home to have the information.

    Even if you don't feel it is relevant at this stage keep it in mind as it may be relevant further down the line.

    And finally do not set up any agreement to pay any money or have the relative financially assessed until a proper checklist has been carried out, believe me they move a lot faster when they want money.

    This website is great, http://caretobedifferent.co.uk/
    • northwest1965
    • By northwest1965 12th Sep 16, 5:27 PM
    • 1,705 Posts
    • 4,478 Thanks
    northwest1965
    Proof of earnings
    In the process of filling out the forms for POA for my parents.

    As they are both under £12k they can get a reduction. What proof can I send them? Bank statements are not accepted
    Loved our trip to the West Coast USA. Death Valley is the place to go!
    • pphillips
    • By pphillips 12th Sep 16, 11:05 PM
    • 90 Posts
    • 53 Thanks
    pphillips
    You can send tax assessments, interest statements, P60's, pension statements, DWP letters etc.
    • gumchops
    • By gumchops 19th Sep 16, 5:55 PM
    • 3 Posts
    • 0 Thanks
    gumchops
    How do I ask a question on the forum? The first page is unhelpful
    • pphillips
    • By pphillips 20th Sep 16, 1:41 PM
    • 90 Posts
    • 53 Thanks
    pphillips
    If your question is about powers of attorney then post it here and someone should answer.

    If not then just start a new thread in the forum.
    • gumchops
    • By gumchops 20th Sep 16, 4:54 PM
    • 3 Posts
    • 0 Thanks
    gumchops
    Court of protection
    After a very bad car accident, my son has become mentally impaired and a paraplegic, and is now in a care home. Some 2 years ago his wife was granted deputy power of attorney (estate) by the court of protection. She does not communicate with us, and she has not visited him for nearly 2 years. She has since sold their property and moved to another address at possibly a cheaper price with her 3 children. This address is unknown to me. It is known to the care home.

    Will the Court of Protection actually protect my son's half of the estate (he did not make a will) in the event of his death, such that funeral and other costs may be met, in the event of his spouse's refusal to pay these costs?
    • pphillips
    • By pphillips 21st Sep 16, 12:23 AM
    • 90 Posts
    • 53 Thanks
    pphillips
    Even though your son does not have the capacity to make a will, it is still possible to apply for a statutory will before he dies through the court of protection: https://www.gov.uk/apply-statutory-will/overview

    The court of protection only has jurisdiction over the property, financial affairs and personal welfare of people who it claims lack mental capacity to make decisions for themselves. It does not protect the estate of the deceased.

    If your son does not have a will when he dies his estate will fall under the normal rules of intestacy. This means that if he had no children, his spouse will be the sole beneficiary of his estate Typically, the costs of a funeral are shouldered by the estate of the deceased.

    If his spouse refuses to use his estate to pay for a funeral, then how else will it be paid for?
    Last edited by pphillips; 21-09-2016 at 12:35 AM.
    • gumchops
    • By gumchops 21st Sep 16, 6:40 AM
    • 3 Posts
    • 0 Thanks
    gumchops
    Thank you!
    Thank you so much for clarifying the position for me. Actually, you have asked the question that I arrived at - who will pay his estate duties and funeral costs if his spouse refuses? I could not afford to do it, and I do not know how the care home where he is resident, would handle it. Perhaps it would have to be a civic funeral?? But thank you again for all your help.
    • pphillips
    • By pphillips 21st Sep 16, 12:15 PM
    • 90 Posts
    • 53 Thanks
    pphillips
    Realistically though I don't think his spouse could refuse to pay as the funeral director would chase her for the payment and eventually take her to court for non payment.

    Even if you did have the money, why would you agree to step in and pay for the funeral when she is the sole beneficiary of his estate?
    • troubleinparadise
    • By troubleinparadise 21st Sep 16, 3:25 PM
    • 865 Posts
    • 1,469 Thanks
    troubleinparadise
    Even if you did have the money, why would you agree to step in and pay for the funeral when she is the sole beneficiary of his estate?
    Originally posted by pphillips
    Perhaps because Gumchops wishes to see her/his son given a suitable burial, but is unsure that the absent DIL will wish to pay as relations appear to have broken down.
    • pphillips
    • By pphillips 21st Sep 16, 3:51 PM
    • 90 Posts
    • 53 Thanks
    pphillips
    Not sure what you mean by "suitable" as i'm sure there are legal requirements that have to be met in relation to funerals whether its by burial or cremation.

    In my opinion the estate of the deceased should always pay for the funeral.
    • wilson1973
    • By wilson1973 28th Sep 16, 9:17 PM
    • 263 Posts
    • 20 Thanks
    wilson1973
    Health and welfare power of attorney
    I have property and affairs power of attorney for my mother who has been diagnosed with dementia a month ago, I look after her and I'm just about to apply for carers allowance, but I was reading today that the health and welfare power of attorney is needed to make decisions about that persons daily routine, eg washing, dressing, eating, I haven’t got this type of power of attorney will this be a problem?
    • elsien
    • By elsien 28th Sep 16, 9:27 PM
    • 13,658 Posts
    • 33,145 Thanks
    elsien
    She can still do one if she has capacity. Having a dementia diagnosis does not rule this out, but there may be more hoops to jump through to demonstrate capacity in case it is challenged later.
    If she now lacks capacity to make the power of attorney, the court of protection very rarely grants welfare deputyships, as the best interests decision process is considered to be sufficient safeguard.
    You don't need the power of attorney to continue to be her carer and help her with day to day decisions. It's more for how she would want to be supported if she needs to go into care, choosing a care home, or has other people looking after her for any reason, or for any medical decisions further down the line.
    Last edited by elsien; 28-09-2016 at 9:29 PM.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • easypeasy2
    • By easypeasy2 12th Oct 16, 11:02 AM
    • 7 Posts
    • 11 Thanks
    easypeasy2
    What is situation if move between Scotland and England and Vice Versa
    If you have set up LPA's in England and move to Scotland do you have to then set up fresh LPA's or are the old ones still valid?

    What is situation if the person becomes incapacitated while away abroad? (either holidaying, wintering, or living)
    • pphillips
    • By pphillips 16th Oct 16, 3:05 PM
    • 90 Posts
    • 53 Thanks
    pphillips
    You need the English LPA's for property, banks accounts etc held in England and the Scottish LPA's for property, bank accounts etc held in Scotland. If a person becomes incapacitated while living abroad or on holiday then its best to speak to the foreign office or a local solicitor in the foreign country.
    • Pandilex
    • By Pandilex 19th Oct 16, 1:42 PM
    • 348 Posts
    • 174 Thanks
    Pandilex
    What do you do if you have two parents?

    Is it a good idea to file for one of them, or wait until one passes away, or file for both? It could be expensive.
    • Keep pedalling
    • By Keep pedalling 19th Oct 16, 2:35 PM
    • 2,153 Posts
    • 2,278 Thanks
    Keep pedalling
    What do you do if you have two parents?

    Is it a good idea to file for one of them, or wait until one passes away, or file for both? It could be expensive.
    Originally posted by Pandilex
    No, they should not wait for one to die. My wife and I have both completed LPAs and have made ourselves and our 2 children attorneys. This covers just about all possible scenarios.
    • miserable_ol_so_n_so
    • By miserable_ol_so_n_so 23rd Oct 16, 1:11 PM
    • 354 Posts
    • 96 Thanks
    miserable_ol_so_n_so
    I am making a lasting power of attorney, appointing each and every one of my sons and daughters as attorneys. In case the LPA is ever used, I want to ensure that each one of them is suitably compensated for performing this duty. I want to enter this wish of mine in the section of must do for attorneys. Is this arrangement permissible.
    Last edited by miserable_ol_so_n_so; 23-10-2016 at 1:12 PM. Reason: correcting typo
    ....another little drink.....another littele drink.....another llittllle drink......
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

4,074Posts Today

7,796Users online

Martin's Twitter