We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

LPA's & Wills

13»

Comments

  • Willsie01
    Willsie01 Posts: 75 Forumite
    Eighth Anniversary 10 Posts

    Have you actually spoken to a local solicitor? Ask family and friends for recomndations.
    Well, yes. And they didn't fill me with confidence. This also applied to the Which? Legal team I spoke to, which does dismay me. 
  • elsien
    elsien Posts: 36,570 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 3 March 2022 at 9:16PM
    I’m not disagreeing about the value of an LPA. But they’re not a magic bullet. 
    In your case study if the person was local authority funded and all the nearer homes were full or a lot more expensive then the person may still have been placed miles away, pending cheaper vacancies.
    An LPA can’t force the authority to place somewhere that’s just not available or out of their budget. 
    And at the moment nursing home places are like gold dust. There a lot of people having to move further away initially with the aim of bringing closer asap because the beds just aren’t there. Particularly if they’re in hospital and a delayed discharge. 
    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.
  • Willsie01
    Willsie01 Posts: 75 Forumite
    Eighth Anniversary 10 Posts
    Willsie01 said:
    Savvy_Sue said:
    Willsie01 said:
    The vault is not just for the Wills & LPA's it's for every personal record, account, subscription and possession etc. Everything the executor will need to make it easier for them to do their work.
    Only if you create the records initially and keep them updated ever after. Especially with possessions, I'm intrigued ...

    You could investigate the LifeBook from Age UK which would perform a similar function - but again, only if you keep it up to date.
    Yes, totally agree they have to be kept up to date but that's the purpose of the vault for me. Up-to-date info for executors. My executors have information they wouldn't even know to look for.

    I'll look at LifeBook and I'm thinking there must be cloud resources I could look at to create a vault myself.
    Finally got round to looking at Lifebook but unfortunately sensitive information, like bank account details, can't be stored. Security must be too weak. A major attraction of the Kinherit vault for me is that our executors can quickly locate all our accounts plus everything else they need to know.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Willsie01 said:
    Willsie01 said:
    I shouldn't worry over the choice of care home, social services are only too delighted if some family member (LPA or not ) takes charge and decides on the right place
    Except in the example I mentioned this wasn't the case!
    An example you have got second hand from a salesman.
    I'll quote some material that's in the presentation from the person you describe as a "salesman".

    "
    A Case Study.

    No LPAs

    • Developed dementia
    • Own house, can’t sell or access funds
    • Social services making decisions on where he lives
    • Moved to a very poor care home miles away from friends and family, staff poorly trained
    • Family & friends battling with social services to get him moved, constant complaints
    • Eventually, 6 months later got him moved to a better home closer to friends and family".

    If you say this is misleading from the  "salesman" I'll go back to her and challenge her to give me case studies she can prove.

    That is the  key here NO LPA  which makes it difficult for people to act or interfere as the vulnerable person fall into the scope of the public guardian.

    DId  they go on to say the LPA also need fancy clauses that you need us to do which is what you implied.


    The attorney acts as if they were the person and have quite a broad scope to do what that person would have done had they had capacity. "best interests" if often banded about but not understood.

    if you are considering LPA you pick the right people and don't need clauses unless you specifically want to override some potential decisions  DNR are a common one. 

    I assume that as you are looking this deep you have read the The Code of Practice.
    you need to make sure your chosen attorney are familiar with the mental health act mental capacity act and the code of practice.

    if not here is one to get you going.
    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/921428/Mental-capacity-act-code-of-practice.pdf



  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    The issue with any 3rd party is how secure.


    One option is to secure locally(Strong encryption) then store an image in the cloud as backup.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.3K Banking & Borrowing
  • 253.6K Reduce Debt & Boost Income
  • 454.3K Spending & Discounts
  • 245.3K Work, Benefits & Business
  • 601K Mortgages, Homes & Bills
  • 177.5K Life & Family
  • 259.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.