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Exercising POA?

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Comments

  • newleaf
    newleaf Posts: 3,132 Forumite
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    xylophone wrote: »
    Be aware that PoA ends with death.

    At that point the executor steps in.

    Thanks, that's me too.
    Official DFW Nerd No 096 - Proud to have dealt with my debt!
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
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    xylophone wrote: »
    Be aware that PoA ends with death.

    At that point the executor steps in.

    Yep, once she dies the POA is null and void and its down to the standard probate procedures.

    And to echo a previous poster, I've not found any interest at all amongst medical professionals in querying whether i had a POA before actually activating DNR, deciding what medicine or care was, they just asked me when relative was not in a fit state to answer for themselves.

    Me and MrsAJ did do back to back medical POAs but I've concluded from my experiences that was a waste of money.

    Financial, another matter, well worth doing.
  • Vortigern
    Vortigern Posts: 3,305 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    AnotherJoe wrote: »
    I've not found any interest at all amongst medical professionals in querying whether i had a POA before actually activating DNR, deciding what medicine or care was, they just asked me when relative was not in a fit state to answer for themselves.
    St. James's Hospital in Leeds asked about and noted the existence of a Health & Welfare LPA for an elderly relative hospitalised last November. This was not for a DNR decision at that time.

    Money Saving Tip: You can get a PoA copied and certified at a JobCentre - just tell them it's in connection with your relatives Attendance Allowance, State Pension or tax affairs.
  • elsien
    elsien Posts: 36,359 Forumite
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    AnotherJoe wrote: »
    Yep, once she dies the POA is null and void and its down to the standard probate procedures.

    And to echo a previous poster, I've not found any interest at all amongst medical professionals in querying whether i had a POA before actually activating DNR, deciding what medicine or care was, they just asked me when relative was not in a fit state to answer for themselves.

    Me and MrsAJ did do back to back medical POAs but I've concluded from my experiences that was a waste of money.

    Financial, another matter, well worth doing.

    They are acting unlawfully if they don't check. My aunt had an ex-husband turn up and start trying to make decisions although they'd been divorced for 20 years and she couidnt stand the sight of him. The POA soon put a stop to that.
    Plus the health and welfare one isn't just for medical decisions it can also be for where someone lives plus decisions about how they live their lives. I'd certainly want one. It's the difference between being consulted in the decision but someone else making it, or being able to make the decision yourself.
    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.
  • newleaf
    newleaf Posts: 3,132 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker PPI Party Pooper
    I agree elsien, and I'm glad she made one. My husband and I also have them.
    Today I'll be speaking to doctor and social worker about mum's future care, which looks likely to be very short term. I'm sure the POA is going to be looked at in the process, even though the hospital so far haven't felt the need.
    Official DFW Nerd No 096 - Proud to have dealt with my debt!
  • sazdes
    sazdes Posts: 108 Forumite
    the hospital are not neccesarily acting unlawfully without requesting to see the POA (although normal practice is to see and photocopy the original on admission), as they are most likely acting under the principles of "best interest" where the team are managing in the best way they see fit whilst checking you are in agreement with their plan

    POA (medical) tends to only be truly neccessary when there is a dispute between the relative and the medics regarding what they feel is the best management plan for the individual (similar to why jehovah's witnesses carry advanced directive paperwork, as if a dr admits an unconscious individual off of the street, they would assume that if they required blood transfusions the default view point would be to accept this in order to survive).

    Hope things go as smoothly as possible and sorry that you are going through it
  • One thing about original Power of Attorney documents - be very careful if someone at a bank etc takes them out to a back room to photocopy and removes the staples. One member of staff forgot to return one page, and another gave us back a photocopy of a page rather than the original (which has an embossed pattern of dots). Make sure you know exactly how many pages should be there (some may not be included in the page numbering system) and that you have all the original pages before you leave the building. You could do something like number the pages yourself in pencil on the back to make it easy to check.
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
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    There is no need to pay a solicitor to get certified copies. The govt website tells you what to do (which basically consists of particular wording signed and dated on every page) and you can get a stamp with that wording on it and then sign and date it yourslef (it doesn't need to be a solicitor)

    Good points from arielsmelody but should any of mine be needed they will be getting a copy.

    If it is really against the law (which i somehow doubt) not to see a POA before asking next of kin what to do, that's going to cause a lot of problems for the majority that dont have POA and probably havent even heard of one.

    I can see in the case of arguing relatives why it would be useful, but for 3 of my aged now deceased relatives (one very recent) there were numerous occasions at care home, hospital, doctors for each where i was consulted either alone or with them about what to do with absolutely no mention of POA.
  • Flugelhorn
    Flugelhorn Posts: 7,407 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    There is no need to pay a solicitor to get certified copies. The govt website tells you what to do (which basically consists of particular wording signed and dated on every page) and you can get a stamp with that wording on it and then sign and date it yourslef (it doesn't need to be a solicitor)

    has to be signed and done by the donor and they have to still have capacity to be able to do it, wish I had registered the POA earlier and got it certified like that
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