Power of attorney

Warren100uk

Hi all, I hope everyone is safe. 
I have a question regarding power of attorney. My mother and farther in law have decided to set up power of attorneys as my mother in law has recently been diagnosed with dementia. They have been to a solicitor and had the papers drawn up and decided to make their daughters power of attorney for each of them. The papers came yesterday and whilst looking through the 2 sets I wondered, if the daughters are down for each of the parents does that mean that they trump a parents that is still able to make decisions. For example, mothers condition gets worse so loses capacity, but the father had capacity, do they daughters get the right to make decisions over him as he is not listed as a power of attorney? When I saw the papers I thought that for each parent they would be on each others then the daughters as secondary. I hope that makes sense, I just worry that legally if the daughters didn't agree with the parent who needed to make a decision they could override them as they are power of attorney.
Any advise would be appreciated. 

Thanks 

MovingForwards

No the POA don't override someone with capacity.

Greatgimp

MovingForwards said:

No the POA don't override someone with capacity.

That's not the question: does the father's decision take priority over the daughters' decision if the mother is incapable?

Mojisola

Why isn't the spouse also named as an attorney?

Browntoa

The poa has the legal power to make the decision , the father does not . 

So the poa will always have priority

MovingForwards

Those named on the POA have authority to act, as the dad / husband isn't named he can't act on anything unless in joint names with wife eg joint bills, joint bank account etc.

Warren100uk

Hi all, thanks for thhe replies. My father in law is old school and thinks that as the husband he automatically has rights. I thought it strange that his solicitor didn't put them as poa first and then the daughters. I will get him to speak to the solicitor and add each other first and then the daughters. They all think that it won't be a problem as they will all want what's best but I worry that it could cause issues if the daughters want something that the father doesn't and they get to make the decision over him.
Thanks for all your help. 

Savvy_Sue

If MIL is showing signs of dementia, it may not be wise to name her on FIL's POA.

Campfires

My sister and I have POA of my father who is still alive, he is mostly house bound, had several IUI's, his memory is ridiculously poor  and lives in an annex attached to my sister house. My sister has access to his account although recently I questioned why I have not been told about large amounts of money coming out of his account and I have also found out that she has had his Will changed, which is typed out and signed by my father and had her 2 friends witness it. My Dad is not quite at the stage of dementia although my sister thinks he is going that way and often says she thinks he is getting vascular dementia and I have to say that again his memory is incredibly poor. My brother and I have asked to see the accounts since my Mother died 5 years ago but she has gone completely mad saying that I am insulting her integrity, all we both asked was to have transparency and communication and personally if all ok then why has she taken it so personally. It is up to my Dad what he does with his money but I am asking as joint holder of POA, does she legally have to include me in regards to his bank account and the Will or because my father has not been diagnosed with anything per say that he has full responsibility even though when we speak he has no memory of it? My dad is totally unable to use internet banking and unable also to get himself anywhere without assistance. thanks 

Mojisola

Campfires said:

My sister and I have POA of my father

My brother and I have asked to see the accounts since my Mother died 5 years ago but she has gone completely mad saying that I am insulting her integrity

Her reaction would get me really worried.

You are one of your father's attorneys and should be regularly checking what's going on.  You are equally responsible for his welfare and finances.

I used to look after all Mum and Dad's finances and household stuff - it was all available to my siblings and I encouraged them to go through it when they visited.  One, it meant everything was transparent; two, if anything happened to me, they would have had to take over and that would be easier if they had been keeping track of everything.

I would be particularly worried about the will.

Keep_pedalling

You should give her one more chance for her to give you the information you need, letting her know that if she does not do so, you will raise your concerns with the OPG, and I do not think she would enjoy the investigation that would follow your complaint.

The will change is also worrying, but that may have to wait till his death for you to put in any sort of challenge.