Power of Attorney Query

Abbafan1972

Morning all. 

I have spoken to my Mom yesterday and she said that her and my Dad are going to their solicitors next Thursday to give me POA, in the event they become incapacitated etc. 

Of course I have said this is ok. But what will this mean for me and in what circumstances will this get passed to me? Are all situations different or is there a one size fits all? 

I don’t know if they will come back with some paperwork that will explain it all. 

Can anyone advise please of what would be expected of me? Also, what happens if anything were to happen to me while my parents are still living? (I have my hubby and 2 daughters). I am the only next of kin (only child). 

TIA. 

Browntoa

I'm assuming a Lasting power of attorney (LPA) 

There are 2 , finance and health. 

While they are alive it would allow you to manage their finances ( pay bills , care home fees etc ) and make decisions on their health if the situation arises ( worth talking to your parents about their wishes , for example a DNR )

On death of the individual the LPA stops and it becomes the responsibility of the estate executor 

RAS

And there's no need to go to a solicitor. Your parents can fill in the form on-line and pay the fee directly. The LPA means that when they ask you, or when they lose capacity, you can look after their affairs. They can withdraw that right at any time if they still have capacity.

They would be advised to get wills done by a solicitor, who often upsell LPAs at the same time.

Keep_pedalling

Once registered it would be advisable for your parents to have a couple of certified copies made and to give one of those to you so you have it to hand should it be needed. You parents should appoint a second / back-up attorney to cover the situation that you might not be able to act if the time comes. If you children are adults it could be them or your husband.

As you have come up with the thought about losing the capacity to act yourself, do your and your husband have LPAs in place?

lr1277

The finance and property LPA can be used before they have lost capacity (either mental or physical). This is with their consent and knowledge of your proposed actions. Say they can't be bothered to deal with their bank anymore or it becomes too technical for then, then you can step in.

Once you have the finance LPA, ensure you register it with each bank with which they have an account. I understand some banks will allow you to register the LPA over the internet. When I did it, this involved a branch visit. We registered one LPA just as lockdown was starting so took about 3 months to come through. Don't know the timescales now, but don't expect registration to be immediate.

Oh and as well as banks, consider any shareholdings, premium bonds and other financial products outside of banks.

The health and welfare LPA can only be used once they have lost mental capacity. Whilst they have capacity, they are free to make their own decisions about the care they receive. Yes, medical professionals will ask about DNR. Ensure you have talked to each parent about their wishes in this matter. Again, I suspect you will only be asked about DNR after the parent has lost mental capacity. Until then, the parent has the right to decide.

Malthusian

Abbafan1972 said:
Also, what happens if anything were to happen to me while my parents are still living? (I have my hubby and 2 daughters). I am the only next of kin (only child). 

If you are the only attorney and have died or lost mental capacity, the LPA fails. Attorneyship can't be passed to anyone else (like your attorneys or executors) and there's no way to add new ones, other than for your parents to make new LPAs while they still have capacity. 
It would normally be advisable for them to appoint other attorneys, either jointly and severally with you or as backup (so that they have power of attorney only if you can't act). Do they have any friends who could act as backup? Do they trust your husband? Are either of your daughters adults?
Attorneys are not obliged to help when the donor loses capacity if they can't or don't want to - they can renounce and let things play out as if they hadn't been appointed in the first place. (However, they can't pass the responsibility on to another as above.)

Abbafan1972

Thanks for all your comments. Sorry it’s taken so long for me to come back. 

My parents were originally told that the paperwork would be posted out and we would sign and get a witness to sign it. We ended up having to go in on Tuesday just gone and the solicitor would witness it. He explained it all and it does make sense. 

I don’t know how much all of this has cost but my Dad made a card payment while we were there and hubby briefly saw the amount and it was around £1,150 

@RAS regarding filling the forms in online. My parents don’t / won’t do anything online. Anything like that is down to me to do. My Mom said that her cousin was doing her LPA online with the help of another relative who is legally trained I believe. But my Mom said she would never do it online. 

This weekend coming I have the task of doing an application with my Dad for a blue badge (he has some mobility problems). 

Oh the joys! 

lr1277

You should discuss with your parents getting yourself listed as a nominated user on the accounts of utilities. If you decide to go ahead with this, they will need to get you registered.

I mention this because my family is currently going through a situation where one of my aunts has moved from a residential home for older people to a care home. After the move, her cognitive faculties declined and she is no longer able to speak to any call centre worker and confirm her identity. So we annot sort anything out about her flat in the residential home.

I don't think you need POA for this registration but initiated and confirmed by the account owner(s).

elsien

I’m a nominated person on my mothers utility account. She’s got all her marbles, but she just can’t understand what the CallCenter people are saying on the phone because of her hearing. We set it up so that any emails have the both of us copied into them, but I can also call them if I need to. 

bunnygo

using the solicitor does provide a 'certificate provider' and should ensure everything done in the right order. That charge isn't too bad for a solicitor to do two LPAs. Would have cost £82 each if done DIY but there is hassle involved.

One attorney only is risky though, there is a concept of replacement attorneys. Too late to do that?

KxMx

I don't think it is hassle to DIY, I've done 4.

Gather the three people together (donor, attorney, witness/certificate provider), go through the forms in advance with some colour coded post it notes to mark who needs to sign where, job done.