Lasting Power of Attorney help

Malthusian

getmore4less wrote: »

using a solicitor to fill in a simple form is incomparable with someone that does not want to waste money.

If seeing a professional who can persuade her a) her family aren't after her money b) if they were, they wouldn't be getting her to complete a POA, is the difference between not making a POA and making a POA, then it's money well spent.

POAs do not have as many pitfalls as Wills but there are still plenty of mistakes people can make if they don't know what they're doing, e.g. naming only one attorney, allowing attorneys to act jointly only and not severally, inserting silly instructions and restrictions.

Keep_pedalling wrote:

It is not actually true that an LPA can only be used when someone loses capacity, it can be used from the moment it is registered.

Not necessarily. There is an option on the form to say that the attorneys should only be able to use the LPA when you lose capacity. However, the form itself advises you not to tick that box, because it makes the LPA less useful. Your attorneys might have to prove you don't have capacity every time they use it, or you might want them to be able to act on your behalf while you still have capacity because you're bedridden.

There is no realistic prospect of someone misusing the LPA while you still have capacity because when you caught them doing so you'd countermand their instructions, cancel the LPA, and sue them in the unlikely event any loss had occurred.

alex_163163

Mojisola wrote: »

It can be a risk if you only name one person as your attorney. You're relying on that one person being fit and able when they are needed.

Yes I see your point. I think my parents will likely name each other and me. I have no brothers or sister and neither do my parents. We are quite a small family.

alex_163163

getmore4less wrote: »

using a solicitor to fill in a simple form is incomparable with someone that does not want to waste money.

Luckily the solicitor is a friend of my dad's so the cost will not be as high. Yes it is going to be more than DIY, but if it gets her to sign it after the solicitor explains everything then I think it's money well spent. The only other people she would listen to is the doctor most likely, but we don't want to waste an NHS appointment for this when someone who is actually ill needs it.

no.1swimmum

My Sister and I completed power of Attorney forms some years ago, at the request of an elderly family friend (who I have known all of my life - her husband passed away the year I was born so has been alone for just over 50 years) who has a considerable amount of money but not a single living relative. In the last year her health has declined quite considerably and she is registered blind, shes also deaf with an acute heart condition. 9 months ago whilst dealing with her solicitor about another matter he recommended that we evoke (i think this is the right word) this as she was beginning to decline, she whole heartedly agreed (her will is split between us, our children and our parents as we have always treated her as family - she spent every Christmas and Easter at my parents, up until Christmas 2015 but was not well enough to come last Christmas.

Evoking has not been an easy process in its self, I have visited both banking establishments twice so far with her paperwork, and mine - and I am back again to one with all original paperwork this Saturday as they did not evoke it on two bonds she has with them. This needs to be done asap as she has in the last month moved into a private care home, that she is self funding and bills are starting to arrive - the problem now is if she is required to sign documentation this is not possible as she has only very limited peripheral vision in one eye, and no vision at all in the other.

Please ask someone to explain to her again the importance of being organised in case anything like this happens to her, as I am sure that it will be very difficult if no provision has been made.

Newlifer17

My Mum was the same and very stubborn . What I did was sent away for some forms and leaflets and placed them in her room for her to look at herself. After a few weeks she approached me and said it was a good idea in case her memory ever got worse.
Unfortunately her dementia got worse quite quickly and we could never get her on a good day to see the solicitor. In the end I had to apply to the court of protection after she was assessed not having the mental capacity to deal with her own finances ( and my brother was taking advantage of her borrowing money etc)
Good Luck!!

Primrose

I can only suggest you write to her and mention your concern that if she ends up being a court of protection case it will be strangers who don't know or love her who will be looking after her affairs and your parents will have no legal rights in trying to work in her behalf. If she hasn't completed a. health and Welfare form it will be Social Services who could just stick her in a residential care home miles away where she won't get any visitors and again your parents will have no rights in fighting in her behalf.

Perhaps point out to your gran that if she has a fall or a prolonged spell in hospital nobody will be able to pay her bills, her house contents insurance renewal premium etc and she could built up debts which again your parents won't be able to sort off without a PoA. Tell her it can be registered and she can keep it under lock and key herself so that nobody can use it without her permission (perhaps she doesn't understand that). Remind her it's just for emergencies and she has total control while she has control of her faculties.

And point out that even to help her manage her money and deal with the bank if she's ill or in hospital nobody can do anything without this document. Maybe if the rest of the family set up their own Pof A and you do too, she will start to better understand the process.

Having some leaflets sent to her might be a good idea too so she can read and browse through them in her own time without feeling under any pressure. I think in the end it all comes down to a question of trust and fear that even your loved ones will steal or defraud you of your assets. It seems a harsh thing to suggest but maybe if your parents stayed away from your nan for a while and explained that they felt hurt because she didn't trust them she might realise that that she has nobody else in whom to depend if things go wrong for her.

Another tactic might be to suggest that if she starts to find managing her finances and affairs troublesome, your parents having a Pof A would allow them to provide secretarial or administrative help while she remained in overall control. This is the technique which finally worked for my father. Being a business man during his working life, he suddenly realised that having a secretary to rid himself of all the troublesome hand writing of letters when I could do it on a computer for him (and give him copies for his records) had a great deal of merit ! I always made a point of "seeking his direction first" and gradually when the heavens didn't fall in with anything going wrong he one day said to me "I'm so glad I don,t have to have this responsibility and hassle any more" .

Can your Gran use a computer and take control her own financial correspondence? That may be a starting point on which to base your persuasion.

gairlochgal

We've just got lasting power of attorney in place for my parents. The incentive for them was realising they were starting to struggle with paying bills. Although they are super organised and have most things on direct debit, dad was using credit card for incidentals, not making payments and then getting chaser letters from the bank. I offered admin help and he appreciated that

My daughter and i have just become attorneys for them - not my brother - and that's all about trust and style. We're very chilled and won't take over whereas my brother with the best intentions worries they are paying too much for electricity and ends up lecturing them which they don't need. The thing about being an attorney is to support them to keep going as long and well as they can manage.

The other argument that worked well was that we'd step in and help if there was a big repair needed in the house and that power of attorney would make that easier.