Power of attorney ..

cirhossa1

Hi there,

My mum is power of attorney for my step father, but she is 84, has cancer and wants me to be power of attorney for her.

Surely she can't be power of attorney for him if she wants me to be power of attorney for her (I hope this makes sense).

I am happy to be power of attorney for both, but should I do so or should his son (who lives in Southern Ireland) take over from my mother? I am in Englan, as are mum & step father.

Advice needed as fast as possible as both are becoming very ill.

Many thanks in advance.

Spreadsheetman

Well, practically there is little point in your mother being POA for your step-father if she is too ill to act on his behalf.

I agree you need to get this sorted asap, but the answer is going to depend on who trusts who.

Vortigern

It's your step-father's decision as to whom he wishes to give power of attorney. If he chooses you, and you are prepared to act for him that's perfectly OK.

I think his son would have difficulty obtaining and using POA while he's living in the Irish Republic.

cirhossa1

Vortigern, the problem there is he has advanced Alzheimer's...

Spreadsheetman

cirhossa1 wrote: »

Vortigern, the problem there is he has advanced Alzheimer's...

POA can't be changed without the donor's consent, so Court of protection will be the only route for him as he has lost capacity.

LHW99

POA can't be changed without the donor's consent, so Court of protection will be the only route for him as he has lost capacity.

Is there no option for an existing attorney to nominate a replacement? (Genuinely don't know the answer to this)

squirrelpie

Is there no option for an existing attorney to nominate a replacement? (Genuinely don't know the answer to this)

No, I'm afraid not. Any alternate attorneys need to be named in the original POA document.

Spreadsheetman

LHW99 wrote: »

Is there no option for an existing attorney to nominate a replacement? (Genuinely don't know the answer to this)

The normal route is to list a replacement attorney that can take over only if the other attorney(s) can't or won't act. As far as I know this can only be done as part of the original POA process - which makes sense as the donor has to agree that the replacement attorney is suitable.

Malthusian

LHW99 wrote: »

Is there no option for an existing attorney to nominate a replacement? (Genuinely don't know the answer to this)

No. Replacement attorneys need to be appointed at the time by the donor. If they find themselves with only one attorney left they should redo it.

This is not helpful to the OP but may be to others: this was a poorly written POA. A husband and wife of that age are very likely to lose capacity at around the same time, which is exactly what has happened here. At least one additional or replacement attorney should always be appointed. (Even two 20 year old newlyweds should have a backup in case both are in the same car accident.)

If both are very ill then without wishing to cause upset, having to rely on the Court of Protection / social services / etc isn't a long term problem. Is her Will up to date? (His can't be helped.)

lisyloo

Spreadsheetman wrote: »

POA can't be changed without the donor's consent, so Court of protection will be the only route for him as he has lost capacity.

My advice is to get this sorted well in advance if you think it may be required.

I applied to the court in May (pretty straightforward case) and it's not been approved by the court yet - they have a large backlog.
I have a flat sold STC and 3 properties (4 parties) in a chain.
It's not holding up the chain yet, but it might well hold up the chain and there is nothing I can do about it.
I feel sorry for the other people further down the chain if it gets held up as I'm sure they want to know when they are moving especially at this time of year wrt Xmas and annual leave.

cirhossa1

So in short it needs to go to court? His will is way out of date and so is my mums... The nightmare begins here I imagine.

Does anyone know what happens with their money being in a joint bank account? One of my step fathers children is an alcoholic/gambling addict that is already sniffing around their finances (I'm infuriated as I just want them to enjoy the last of their lives).

Advice to everyone.. Sort out these things well in advance! It's hard enough caring for your elderly parents, but these legal aspects add a massive spike to the stress levels.