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Question About Registering "Enduring Power of Attorney"

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  • elsien
    elsien Posts: 36,195 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 21 May 2021 at 11:49AM
    Do you anticipate her returning to the UK or does she have any property/finances over here? If not, there doesn't seem to be any benefit to having one here. 
    On the basis of very little knowledge about other countries systems, what is the Spanish equivalent of an LPA. What would her banks accept? 
    This is the UK guide. £89 each for health/welfare and finances if you DIY, but you would need to check the jurisdictions as above and a solicitor would be recommended if there are any complexities or a potential challenge around her capacity to set up an LPA.
    Make, register or end a lasting power of attorney - GOV.UK (www.gov.uk)

    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.
  • SomeMadeUpName
    SomeMadeUpName Posts: 373 Forumite
    Fourth Anniversary 100 Posts Name Dropper
    edited 21 May 2021 at 12:17PM
    @elsien no property in UK anymore. Savings in UK bank, UK SP with inherited SERPS/S2P, small UK annuity, decent UK occ pension paying as widow, small UK trust income.  So maybe enough to justify an £89 DIY LPA.  MY wife is her only child and beneficiary so I can't see any potential complications.

    In Spain she has property (half hers, half to soon belong to her late husbands son with her in usufruct) but only day to day banking.

    Regards returning to UK, never say never, but it's not the plan.  When I look out of the window today, I can see why, she would hate it.

    As a slight aside I had thought seeing as her incomes are all generated in Sterling for her day to day spends she could just get a Barclaycard (the Martin top overseas spend one) and use that in Spain and to get cash from service tills etc and have it auto pay from her UK Sterling account.  That way she would get spot rate on every spend.  She'ld still need a Spanish bank probably for services charges, local and fed taxes, etc, so some FX off spot, but much less.  Only downside is you are hostage to the days spot rate as opposed to grabbing a chunk of €s each time the rate looks optimal.
  • elsien said:
    @Parking_Trouble I would suggest it's always worth setting one up in advance, both for finance and health welfare.
    I have seen people go from fit and healthy to in hospital having lost capacity overnight following a stroke or an accident or some other illness. If there is a dispute with the  medics with regards to level of treatment or returning home, who do you think your mum would want to be the one  making the decisions? It's £89 each well spent, if it's needed. 
    A bit like insurance - sometimes you wish it was there when it's too late. 
    I work people who lack capacity for various reasons, and it can cause no end of issues when bank accounts can't be accessed or tenancies need to be given up/houses need to be sold without a prolonged application to the CoP for a deputyship. 
    You are absolutely right.
    My mum recently had a TIA and that triggered a brief LPA discussion after she had fully recovered. That was with regard to Finance. She doesn't have a living will but has told us she wants DNR.

    My wife worked in a stroke ward and my Dad had a bad one before he succumbed to cancer, so we're aware of the potential impacts and how well or badly (in my Dads case) you can be treated.

    I'll raise the topic with the family again.

    My FiL is 91 and pretty much housebound. If he'd had a hip replacement when it was needed his quality of life would be so much better and he'd probably live beyond 100. He has refused to get proper treatment. I know the NHS wouldn't want to 'waste' resources to extend his life. I can understand that.

    Mr Straw described whiplash as "not so much an injury, more a profitable invention of the human imagination—undiagnosable except by third-rate doctors in the pay of the claims management companies or personal injury lawyers"

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