Power of attorney - what happens if it's processed in time?

Miss_Riot

I am in the process of doing the paperwork, but I have seen they can take 6 months. I have to have an operation soon and I am really concerned that the paperwork will not come back in time for the op. Will it still be valid? Is there anything I can do? I need to make sure that my partner has access to my (separate) bank account whilst I am in hospital as he will be looking after my daughter - would a temporary mandate be enough for this? and what about any health choices whilst I am incapacitated? He is named next of kin anyway. 

elsien

A third-party bank mandate is fine, for as long as you have capacity. If you lose capacity then you would have to wait for the power-of-attorney to come back.

With regards any health decisions, next of kin has no meaning in law. It’s just a mechanism for keeping people informed. It does not allow your partner to make any decisions for you or confer any special status on him

While you’re in hospital, if you have capacity around the medical decisions, then all the available choices are yours to make. 

If you lack capacity, and there is no health and welfare power-of-attorney, then any decisions are best interest, ones in consultation with the friends and family, who know you best. If you have strong views about any aspect of your care and treatment if there is a possibility that you may not be able to make those decisions for yourself, then you can make an advance statement.

https://mydecisions.org.uk/

Miss_Riot

elsien said:

A third-party bank mandate is fine, for as long as you have capacity. If you lose capacity then you would have to wait for the power-of-attorney to come back.

With regards any health decisions, next of kin has no meaning in law. It’s just a mechanism for keeping people informed. It does not allow your partner to make any decisions for you or confer any special status on him

While you’re in hospital, if you have capacity around the medical decisions, then all the available choices are yours to make. 

If you lack capacity, and there is no health and welfare power-of-attorney, then any decisions are best interest, ones in consultation with the friends and family, who know you best. If you have strong views about any aspect of your care and treatment if there is a possibility that you may not be able to make those decisions for yourself, then you can make an advance statement.

https://mydecisions.org.uk/

Whilst I am in surgery I will not have capacity as I will be unconscious. Occasionally they have to place people into a coma if there are complications to allow swelling to go down. It would be a matter of days not weeks and is not expected. It's expected I would be in and out of hospital within 3 days but I want to make sure we have covered as many eventualities as possible. 

Malthusian

Whilst I am in surgery I will not have capacity as I will be unconscious.

A third party mandate isn't going to be cancelled while you are having surgery, or even in a 3-day coma, for the same reason it isn't cancelled while you are asleep at night. Practically speaking it would take a long-term period of incapacity for a third-party mandate to be voided.
If it's a matter of days, is simply transferring some money into his account or a joint account to cover expenses a simpler option?
If disaster strikes and you are in a coma for months, he will have other options: wait for the POA to be registered, borrow money in the interim, etc.
*edit* 
A tangential question, but would your partner and daughter be able to cope if you went under a bus? (Both third party mandates and LPOAs are cancelled in the event of death, so they would need funds to live on until they could access the money in your account. Which could take a very long time if probate was needed.)

thegreenone

Would it be easier to set up a joint account; change your salary to this new account and set up an SO to your personal account for the bills going out?

That way you will be covered and return to your usual way of banking when you are recovered.