What age should we make a poa

shirlgirl2004

Ettenna wrote: »

My daughter was in a car crash. I cannot access any of her bank accounts, I have had trouble dealing with her car insurance, with her mobile phone, etc. I am an appointee for benefits but I cannot do anything more without going to the court of protection. I don't know if I need to do tht or even want to do that yet.

I have suggested to the other children that they should do wills, power of attorney and appoint guardians for the children, etc.

Going to the COP for Deputyship is expensive. I would not do it if you can possibly avoid it. It isn't just the application fee then your DD would have to pay an annual issurance incase you run off with her money. Obviously there is a fee to be paid to them for watching over you. You have to complete an annual return detailing income and expenditure for the COP to pick holes in.

To anyone dithering about it if you value your money don't let the COP get their hands on it. Make a POA now. Save yourself thousands of pounds and your relatives from the stress of dealing with the COP.

Fire_Fox

74jax wrote: »

We are due to get married and I mention to OH that it's a good time to make our power of attorney.

He wasn't acceptable to this saying we're too young - nearing 40 - and you do it when you're in ill health.

I said that could be next week and too late, you need to do it when we have the capacity to do so.

At what age have you/would you make one?

Now: you don't have to register it with the Court of Protection for years. You never know when you will fall ill or injured, you may not get the chance to 'do it when you are in ill health'.

My parents did theirs around age 50, I will be doing mine in the next year or so (when I update my will) and I am 40+. An older relative is to do hers now at 70+ ... possibly left too late since she is being assessed for early dementia so may not be permitted to sign the forms by the solicitor. If they cannot it's apparently a several month nightmare of applying to the Court of Protection, proving that my relative is not competent (we think they are). Their adult child is a very stoic person but is still really struggling with the practicalities and deep emotions simultaneously.

I see PoA in the same vein as preparing a regular will, going on the organ donors register, doing a 'living will' (Advance Directive) - they all help your family know your wishes, help them execute your wishes, relieve stress and limit hassle when you are sick or they are grieving.

Fire_Fox

mummyroysof3 wrote: »

I still don't understand how it would stop them giving money away or force them into care if they saying no though just cos they wrote itndown years before

PoA has to be registered, you have to prove to the Court of Protection the person is incapable of making such decisions for themselves. You don't just wave the signed documents and everyone bows down. It can be changed and updated, you don't have to have the same one forever. The PoA just says WHO you want to act for you IF you become incapacitated.

Anyone who holds PoA must abide by a strict code of conduct and act in the best interests of the person they represent, just as you do now for your children. If they abuse that person or act in their own interests they break the law. It's a serious offence to steal from that person or force them into care if they should remain independent.

The PoA permits you act as if you were that person, their representative, never act for yourself or in the best interests of any future beneficiaries. Obviously never appoint someone you don't trust with your life: hopefully you trust your spouse, your best friend or your solicitor if not younger relatives.

mummyroysof3 wrote: »

I have no will as everything goes to my husband anyway. If we both died together then the grandparents would fight over the kids even if we had a will naming one lot so seems pointless.

Please go speak to a solicitor about this, your husband would not simply get everything, it's a much slower and more complicated process if you die intestate. You really want to be grieving and fighting all the banks, utilities, credit cards, mortgage company, pension and everyone else for the most basic of information?

You don't have any personal female items (jewellery, ornaments, photos etc.) you want to go directly to your daughter, mother, siblings, best friend? Men don't understand that stuff, men get remarried after a while then die first not getting around to writing a will either, leaving YOUR treasured jewellery to their 'new' wife. :eek:

If your wishes for your children are clearly laid out, social services and any courts take that as the first port of call. Think about what happens the first week if you are both killed in a road traffic accident, there needs to be some structure for your children, somewhere everyone knows they will go. Not having your wishes clearly laid out makes it woolly and makes a court case much more likely. Many people have friends or siblings named to care for children, not parents/ grandparents since they will be older.

shirlgirl2004

The dilema is whether to register the POA or not.

To register it costs something like £120 for each aspect, financial or health and of course times by 2 if you're a couple. If you register it when you're 30 for example then you will probably need to reregister when you age as those nominated may either become incapacitated in someway or the relationship may diminish in some way. You can put alternatives on the form but it still isn't ideal.

If you don't register it will probably take at least a couple of months to get the POA registered because they write to interested parties such as parents and siblings. The idea of the POA is to make life easier in the event of sudden disaster and I don't think a 2 month wait will do that.

BritAbroad

OH and I set up POA in our early 30s. It made sense as we were moving abroad and having stuff in 2 countries gets a bit complicated.