Health and Welfare Power of Attorney

Crater

We are thinking of creating a H&W LPOA for my mother in law. As we have some experience in creating our own LPAs (not H&W though) I am hoping to avoid having to go through the solicitor again, as it's very expensive.

The form is straightforward enough once you have read it six or seven times.

However I am wondering if anyone has any suggestions, from experience, for guidance that she might include in the Guidance section. She is in good physical health, but is gradually losing memory, so she may need full care at some stage in her life.

Thanks for any pointers or suggestions.

patanne

We did it ourselves but found that we needed first to talk through all the issues. Fortunately, we were all in agreement about any treatment and the only stipulation our parent wrote in was not to be put in a care home unless the doctor was in full agreement with the necessity. The financial one in a way was much easier as it was much more cut and dried.

georgiesmum

Shamsan wrote: »

We are thinking of creating a H&W LPOA for my mother in law. As we have some experience in creating our own LPAs (not H&W though) I am hoping to avoid having to go through the solicitor again, as it's very expensive.

The form is straightforward enough once you have read it six or seven times.

However I am wondering if anyone has any suggestions, from experience, for guidance that she might include in the Guidance section. She is in good physical health, but is gradually losing memory, so she may need full care at some stage in her life.

Thanks for any pointers or suggestions.

I did the financial one myself and i am 76 and not very savvy with forms. I would get 2 lots of forms as you are bound to make some mistakes and will have spare pages handy. Just be careful of the dating as mine was sent back for this, as was my daughters but she had paid £400 for her solicitor to do it.
it's time consuming but worth it for the money you save.

John_Pierpoint

In what way did you get the dates wrong?

the_rebel

Does anybody know the best way to handle the following.

We are in the process of creating a power of attorney for our Mum to handle her finances for her following her husband being in-capacitated with a stroke. She has never handled the money side of things and does not have a clue. She is happy for this to be done and is in agreement with the power of attoney.

The problem we face is that our brother owes Dad a serious amount of money which he has borrowed on Dad's credit cards. He wants to have power of attorney along with us but we want to know firstly. Is this possible as he owes Dad so much money and if so how do we go about ensuring that the money that he currently owes Dad is not "lost" if something then happens to both Mum and Dad.

Savvy_Sue

I do not see why he could not act as attorney IF he is a suitable person - has he borrowed this money with or without Dad's agreement? You see there's a difference between Dad agreeing to lend him money in that way, and him just casually 'borrowing' it ...

He would have to be notified in any case, so he could presumably object if he is not included in the power. So I'd phone the Court of Protection and ask them.

As for protecting this money, is there a written agreement? Or would your brother sign one now? without that, you're lost, IMO.

georgiesmum

John_Pierpoint wrote: »

In what way did you get the dates wrong?

The dates we all signed didn't correspond with each other.

margaretclare

georgiesmum wrote: »

The dates we all signed didn't correspond with each other.

Yes, they do all have to be signed by everybody on the same date.

haycorns

margaretclare wrote: »

Yes, they do all have to be signed by everybody on the same date.

That's not entirely true - but the dates do matter. Section B ( the person certifying the donor knows whjat they are doing) has to be signed after the person giving the POA , and section C( the attorneys) have to sign after section B.