Lasting Power of Attorney and Next of Kin Question

thegrouch314

Right now this question is purely hypothetical but I'm trying to get all of my paperwork sorted for the future.
In the future I want my mother to be the one to make any decisions for me medically if I'm unable to do so, as well as act on my behalf in other areas like financially.
Am I right in thinking that her being my next of kin wouldn't give her those powers so I would need to give her Lasting Power of Attorney?

If so, would other family members be able to overrule her, even if they don't have any power of attorney? I'm not married, no kids, so it would be my father and sister. Would they have a say in my medical decisions or would it all be my mothers choice?

Keep_pedalling

If you gave you mother POA then she would be the only one making the decisions if you no longer have the ability. Usually though it is not a good idea to appoint someone of an older generation unless there is likely to be an immediate need for your attorney to act such as a terminal illness.

thegrouch314

That's great, thank you.

I've put her down as my PoA for now because I'm in poor health despite being young. As both of us age, I'll change it

Yorkshireman99

thegrouch314 wrote: »

That's great, thank you.

I've put her down as my PoA for now because I'm in poor health despite being young. As both of us age, I'll change it

You really should appoint at least two attorneys with powers to act jointly and severally. No need for them to be a relative.

getmore4less

For medical based stuff all those involved in care are covered by the relevant act and need to follow the code of practice.

https://www.gov.uk/government/publications/mental-capacity-act-code-of-practice

section 7 is relevant pay particular attention to 7.21 to 7.31.

not sure but reading into what you have asked 7.30 may be particularly relevant.

Keep_pedalling

thegrouch314 wrote: »

That's great, thank you.

I've put her down as my PoA for now because I'm in poor health despite being young. As both of us age, I'll change it

As YM says you should have 2 attornies., the alternative to having them both being able to act is to have a back up attorney who can take over if the primary attorney is no longer able to act.

The problem with the idea of you making a new LPA latter is that you may no longer to be able to do so do to an illness or accident.

SevenOfNine

thegrouch314 wrote: »

I'm not married, no kids, so it would be my father and sister. Would they have a say in my medical decisions or would it all be my mothers choice?

Though I agree you should have two attorneys, you might want to be sure they would hold the same views should they need to make medical choices on your behalf.

Acting severally if there are more than one is a good idea (& the recommended route when applying), but FiL had two & when he was ill in hospital they only consulted with ONE in relation to signing the 'do not resuscitate' form. He could act severally & willingly signed it, but neither party bothered to consult or even inform the other attorney! (Both of whom where FiLs sons.)

Just guessing, but do you only fully trust your mother to make the right choices for you, which is why you've chosen just her?

Mojisola

SevenOfNine wrote: »

Though I agree you should have two attorneys, you might want to be sure they would hold the same views should they need to make medical choices on your behalf.

The attorneys shouldn't be expressing their own views - their responsibility is to ensure the donor's wishes are complied with.

SevenOfNine

Mojisola wrote: »

The attorneys shouldn't be expressing their own views - their responsibility is to ensure the donor's wishes are complied with.

Of course, my bad phrasing, though that isn't always going to be the case unfortunately.

My FiL he hadn't expressed his wishes, & was no longer capable of doing so (slipped miles along the dementia road), therefore BiL agreed to something HE felt was the right choice. Hence acting severally can have some negatives when in a position to express only your own view & have it acted on!

getmore4less

There is often more than one right answer to a course of action.
Equaly valid solutions to address the needs of a fulnerable person.