Power of Attorney (my Dad)

proformance

RAS said:

If you are married, it might be worth asking dad if your partner could also be the second attorney? We ended up with one child and one in-law (who delegated most of the actual running around to anther child).

Thanks. What's the benefit in doing this, as opposed to it being just me? 

Mojisola

proformance said:

RAS said:

If you are married, it might be worth asking dad if your partner could also be the second attorney? We ended up with one child and one in-law (who delegated most of the actual running around to anther child).

Thanks. What's the benefit in doing this, as opposed to it being just me? 

Because if you aren't able to act for him then the POA would be useless.

Savvy_Sue

If you only appoint one, and that one cannot act for any reason - death, serious illness etc- then there is no provision for anyone else to act. Someone would have to apply to court of protection unless a new LPA was made.

Keep_pedalling

proformance said:

Malthusian said:

To echo the above, Lasting Power of Attorney forms are extremely straightforward. They don't need to be any more complicated than inserting the names of the attorneys (preferably at least two), the donor, the certificate provider, and signing in the right order. Register them with the OPG as soon as they are finished; if you have made a mistake that makes the LPOA invalid, they will send them back.

LPOAs only get complicated when people imagine they need to second-guess their attorneys and include all sorts of wishes and instructions. For most people these are unnecessary at best (and harmful at worst) and the "preferences" and "instructions" sections can simply be left blank.

If your father is short of money he should definitely make LPOAs as otherwise the Court of Protection will be in charge if he loses capacity, which is much more expensive and incredibly slow. If he has very little money he may also be eligible for a refund of the £82 fee.

He has very little disposable income and a modest sum in a pension fund (less than £15k).

There is nobody else who would make decisions on his behalf other than me. 

We don't have an attorney. Do we need to hire one for this? 

Attorney in this case refers the person the donor (your father) appoints to act for them (you) not someone you pay to set up an LPA which you don’t require.

RAS

proformance said:

RAS said:

If you are married, it might be worth asking dad if your partner could also be the second attorney? We ended up with one child and one in-law (who delegated most of the actual running around to anther child).

Thanks. What's the benefit in doing this, as opposed to it being just me? 

Because if you are on holiday, fall ill, or are incapacitated in any way, the other attorney take action or make decisions. It meant I could go off-grid for a week knowing there was a back-stop. 

And because the donor recognised that the other attorney had skills and knowledge in areas I lacked, trusted them, and it was their decision. Crucially we get on well.

proformance

I like the rationale. I'm not married though, only engages. Would it be OK?

Also, if there are any debts that he has, that we don't know baoit it, would those effect us in anyway? 

Think my fiancé would be uncomfortable with that. 

RAS

It is essential you keep your finances and dad's finances entirely separate. You'd be helping look after his interests, and acting on his behalf if that becomes necessary. Not taking over his finances. So there is no risk of financial penalty if he has debts.

Regarding your fiance, that entirely dad's decision.

proformance

RAS said:

It is essential you keep your finances and dad's finances entirely separate. You'd be helping look after his interests, and acting on his behalf if that becomes necessary. Not taking over his finances. So there is no risk of financial penalty if he has debts.

Regarding your fiance, that entirely dad's decision.

I figured that's what POA was? Effectively controlling his money? Access to his banking, ability to make decisions (who when and how much to pay on his behalf), and also inheriting whatever is left when he passes?

comeandgo

proformance said:

RAS said:

It is essential you keep your finances and dad's finances entirely separate. You'd be helping look after his interests, and acting on his behalf if that becomes necessary. Not taking over his finances. So there is no risk of financial penalty if he has debts.

Regarding your fiance, that entirely dad's decision.

I figured that's what POA was? Effectively controlling his money? Access to his banking, ability to make decisions (who when and how much to pay on his behalf), and also inheriting whatever is left when he passes?

Ha ha, I like that, POA inherits what’s left.  POA ceases on death of your father.  Whoever inherits is what his will says.

proformance

Stuck already.. What's the difference between the "certificate provider" and the "witnesses"?