Power of attorney

moneyistooshorttomention

Some years back my parents just sprung on me out of the blue a "request" to sign a form agreeing to have power of attorney on them. They knew I was visiting with a friend (ie potential witness) and the form was sitting there and it was a case of "Here...sign here".

They had never mentioned this to me previously.

I would have assumed that asking someone to have power of attorney over you would mean actually "asking" them and not just saying "Here...sign here" with no warning whatsoever and no explanation of what it would mean to have this power of attorney.

Obviously, it must be possible for me to turn round and say "I have decided not to have this and now reject that power" officially if need be - so how would I go about this if need be?

As far as I understand it, this POA means I have the legal right to go in and say "They are no longer capable of handling their own affairs and from here on in I sign all official papers connected with them instead".

Can anyone confirm that POA ONLY means I have the ability to sign papers when needed on their behalf/pay their bills on their behalf. Also, I presume its perfectly possible for me to sign papers/pay bills from a distance of living the other side of the country to them - whoever needed the papers signed would just have to send them to me through the post, I'd sign them and send them back again through the post.

I'm prepared to just sign bits of paper if required and will keep that POA if thats all it means, but am just a bit confused about this whole POA bit - as I was never asked and never explained to in effect. It feels to me like the basic intention was to get me to be a carer, if required, whether I have decided to be or no. My decision has been there for years that I will never be a carer (having seen the effect it has on other people who do it).

I havent inadvertently "signed my life away" have I? Just checking whether I need to revoke that POA or can continue with it (ie because all it means is signing papers that can be sent to me).

Also, I'm a little nervous (from having scanned American websites) as to whether having POA would mean being at risk of my brother accusing me of having stolen their money at some point? Presumably, that risk doesnt apply in Britain and I would obviously keep careful records/receipts etc if I should have to take over administering their finances at any point (in order to make it plain that everything was totally open/above board etc).

chesky

I'll leave it to others better qualified than I to explain PoA. But I do think it shows great faith in you by your parents and that you should consider very carefully before acting to revoke it. The reason they didn't explain it to you is either that they don't really understand it fully themselves or alternatively that, being your parents, they just think you'll do what they want in any case.

moneyistooshorttomention

I feel sure that my father would certainly have fully understood what POA means - as he is a highly intelligent person - so I dont think that would be the case that he didnt know whats what with it. They had also been and seen their solicitor to get this form done and the solicitor would have explained it to them presumably.

Obviously, I see that its a compliment to me in an odd sort of way - ie that I am seen as honest and a good money manager (which is a blessing now that my mother has a tendency to make remarks to me of a very different effect:eek: - its just as well I have the confidence to just brush them off, but they are still hurtful). At least she once knew me for what I am (that is she trusted me, even though I suspect she doesnt like me) - even if she doesnt seem to these days and I certainly havent changed a bit.

dzug1

Assuming it's a financial POA it doesn't commit you to be a carer in any way whatsoever - that's a separate health and welfare PoA

It allows you to run their finances - depending on the wording not only if they lose capacity but as of now if the need arises. For as long as they are able they are entitled to run their own affairs. PoA or not.

All that means is signing papers paying bills etc. Maybe deciding on where to invest savings. Keeping records

Whether you have it or not won't stop your brother accusing you of nicking the money if he's that way inclined. You can avoid the risk by providing him with a summary of what you have done. It's always possible he's been asked to be an attorney as well

In short, I don't think it's anything to worry about. If you consider the alternatives - getting a solicitor, etc, to do the job - they'll charge magabucks and probably give botched service

moneyistooshorttomention

I wouldnt be unduly surprised if my brother starts throwing false accusations at me at some point anyway somehow...

I would assume my parents would have mentioned it if he also had POA and they know that my brother and I have a very "distant" relationship with each other anyway, so there wouldnt be a question of us "working together" on anything. From what I can see though, my parents have (at least in the past - in the case of my mother) regarded me as a pretty capable sort of person and I'm...errrmm...not convinced they see my brother in that sort of light:cool:

I hadnt heard of a "health and welfare" POA:eek:. Errrmm...now sitting here getting nervous thinking "Is there such a thing? Thought there were only financial type POA's...shoulda read the wording before I signed...:eek:" I'll just go off and kick my own backside a minute for not having carefully read the wording (particularly as I'm someone who usually does...).

Dumyat

I have POA for my mother. It doesn't mean you have to become a carer, it means you can arrange (and pay) for a carer should the need arise.
I think your parents have done you a favour having the foresight to set this up now.
I do all my Mum's banking, sort out bills..its not that onerous. And I keep all the records.

The health and welfare part means you can pick a care home for them, even sign consent for operation if need be, but it depends how your parents have worded the document. They are like wills, the person can document what they want you to be allowed to do for them. I'd ask to read the document again.

Gers

Ask your parents for a copy of the document so that you can understand what it means for you.

Have a read of the information on this website:
http://www.adviceguide.org.uk/england/relationships_e/relationships_looking_after_people_e/managing_affairs_for_someone_else.htm#ordinary_power_of_attorney

It is good that your parents are thinking ahead as it's a very different and difficult process once they actually lack mental competence to make the decision about it.

pollypenny

As you are moving far away, I imagine it would be quite difficult for you to manage your parents' affairs from affair.

My aunt wanted me to have POA for her , but as she lives 300 miles away at the other end of the country, it was impractical.

Biggles

I think it's very forward-thinking of your parents to set up a PoA. Every parent should do this, I certainly have.

However, if you haven't registered it with the OPG (or had official notification that they have), then it isn't yet active and cannot be used, so you presently have no responsibility as a result of it.

You should make sure you know where the document is stored, in order that you will be able to register it should the time come when it needs to be used.

lessonlearned

Money - I have POA for my OH and my parents. It's no big deal and it means that, should the need arise, you can handle their financial affairs for them and protect their interests.

If it has not been registered then it is not yet active. This needs to be done before they become too incapacitated to handle their own affairs.

You can register it, then shove it a drawer and forget about it until is needed. You will also need a number of certified copies to send to banks, utitlity companies etc.

Do check it over, but you will probably find that if it was done some time ago, then it will be a finance only POA and will not cover any healthcare decisions.

Healthcare POA's are fairly recent. 2007 or 2009 - can't remember which.

Having a POA does not mean that you have to become a carer or assume responsibility for your parents' care. However, even without a POA, inevitably when the time comes you will probably need to get involved at some level with the red tape that going into nursing homes or getting in paid carers involves, unless of course your brother takes this on his shoulders.

Don't underestimate the time this gobbles up, if you have a good relationship with your brother then perhaps you could share the burden of this between you. It would make things easier and fairer. It shouldn't be left to just one sibling.

At any rate, even if your brother has no legal say because you are the only one with POA then it doesn't hurt to consult with him. Two heads are generally better than one and you may need help and guidance in exercising your parents wishes.

Although you may consider it tiresome to have the responsibility of having a POA your father has been very wise and forward thinking.

Trying to manage their affairs for them without one is, whilst not impossible, time consuming, difficult and can be very expensive.

Without a POA you would have to apply to the courts for every financial transaction you undertake for them. There is of course a court fee for each transaction and these can really stack up. Plus of course there is the time and inconvenience involved.

A POA is really the best way forward.

runninglea

If you have POA, then when does it actually start from?

Is it the date it was signed in court or when the person loses their ability to handle financial situations?

Who decides when it is time for the POA to be utilised?