Is a power of attorney necessary?

Woolington

Hi all, and thank you very much for all the thoughts and information. I am SO relieved about the house sale!

I'm wondering if it's already too late for LPoA - the dementia is moving at a very rapid rate - if POA is even mentioned, dad just defaults to 'it's not what I want' - (he was the same when signing the Do Not Resuscitate - it took a raft of doctors to convince him)and it agitates into even more confusion which sets the tone of the day.

On a dopey day when he's peaceful but not really on the planet it might be possible - although signing his signature might be a problem, but isn't that coercion?

He's in final stage heart failure and terribly frail and probably close to the end which makes me wonder IF a LPoA is needed? I'm trying to ascertain whether it will be used in his lifetime?

mufi

Woolington wrote: »

Hi all, and thank you very much for all the thoughts and information. I am SO relieved about the house sale!

I'm wondering if it's already too late for LPoA - the dementia is moving at a very rapid rate - if POA is even mentioned, dad just defaults to 'it's not what I want' - (he was the same when signing the Do Not Resuscitate - it took a raft of doctors to convince him)and it agitates into even more confusion which sets the tone of the day.

On a dopey day when he's peaceful but not really on the planet it might be possible - although signing his signature might be a problem, but isn't that coercion?

He's in final stage heart failure and terribly frail and probably close to the end which makes me wonder IF a LPoA is needed? I'm trying to ascertain whether it will be used in his lifetime?

My Mother set up Enduring Power of Attorney (the old version of LPA) years ago. When she became very ill about nine months ago we saw a solicitor to ask about registering it. He advised against it, as she was on end of life care, and she died about 3 months later. It was good advice as we never needed it.

Having said that, I had third party access to her accounts, everything was set up for payment by direct debit, and I was known to the staff/management at her care home, plus her GP, all of whom were happy to keep me informed.

Malthusian

Woolington wrote: »

I'm wondering if it's already too late for LPoA - the dementia is moving at a very rapid rate - if POA is even mentioned, dad just defaults to 'it's not what I want' - (he was the same when signing the Do Not Resuscitate - it took a raft of doctors to convince him)and it agitates into even more confusion which sets the tone of the day.

On a dopey day when he's peaceful but not really on the planet it might be possible - although signing his signature might be a problem, but isn't that coercion?

It's not coercion unless you put a gun to his head and make him sign. But if he's "not on the planet" that is a different problem - those words imply to me that he doesn't have capacity and his signature won't be legally valid. You would be on very shaky legal ground if you then tried to use it. Especially as, if/when he came back to Planet Earth and remembered what you'd persuaded him to do, he'd get even more agitated.

Standard advice in this situation (fluctuating capacity) would be to involve a solicitor who would verify that he had capacity at the moment he signed, with a medical professional if necessary. From your posts, it sounds likely a solicitor would refuse.

He's in final stage heart failure and terribly frail and probably close to the end which makes me wonder IF a LPoA is needed?

While we can't give him a prognosis over the Internet, agitating him over LPOAs sounds distinctly like a waste of your final moments together to me.

Woolington

Lastly, have you tried to speak to your dad on one of his more lucid days and explain that you know he doesn't want to give up control but has he considered that this actually gives him more control

thank you Mufi! I'm so sorry to hear about your mum. I suspect my scenario will be the same -I can also access some monies too - great for your solicitor for giving what turn out to be very good advice.

While we can't give him a prognosis over the Internet, agitating him over LPOAs sounds distinctly like a waste of your final moments together to me.

Thank you for your wise words Malthusian - my feelings exactly! Now to break the news to my step-siblings ...