Power of Attorney

AskAsk

My FIL has power of attorney for my MIL.  Unfortunately, she has dementia so no one else can be her attorney.  If my FIL passes away before her, what happens?  Who would have permission to look after her finances and care?

Their will at the moment states that if either of them pass away, the money will go to the other one, so if my FIL passes away first, everything will go to her.  Eek.... 

The money only goes to my husband when they have both passed away.

Keep_pedalling

If he dies or loses his mental capacity to act for her the the POA will fail, and the only option her children will have to apply for deputyship through the courts which is a long winded and expensive.

When making an LPA it is really important that you include more than one attorney either in a back-up roll or who can act separately and severally. Ideally at least one of those attorneys should be from a later generation.

What is the situation with your FIL LPA. If he does not have one in place giving his children POA he needs to do that without delay especially for finance.

AskAsk

Keep_pedalling said:

If he dies or loses his mental capacity to act for her the the POA will fail, and the only option her children will have to apply for deputyship through the courts which is a long winded and expensive.

When making an LPA it is really important that you include more than one attorney either in a back-up roll or who can act separately and severally. Ideally at least one of those attorneys should be from a later generation.

What is the situation with your FIL LPA. If he does not have one in place giving his children POA he needs to do that without delay especially for finance.

i think he has got himself into a right pickle as it is now too late to add my husband on!  he thought he could add my husband on at any time, dear oh dear.  there is no LPA for my FIL, so yeah, my husband will need to get one quick! eek

do you know how much it costs if you have to apply to the courts to be a deputy and how long it would take?

Keep_pedalling

Deputyship fees.

https://www.gov.uk/become-deputy/fees

I think you could be looking at something like 8 months to achieve it, but hopefully someone who has actually done it might give you a better idea.

Your FIL should think about making a new will.

PS. While you are at it get wills & LPAs in place for yourselves if you not already done so.

AskAsk

Keep_pedalling said:

Deputyship fees.

https://www.gov.uk/become-deputy/fees

I think you could be looking at something like 8 months to achieve it, but hopefully someone who has actually done it might give you a better idea.

Your FIL should think about making a new will.

PS. While you are at it get wills & LPAs in place for yourselves if you not already done so.

yeah, i did find that fee link.  wonder if you can do it yourself without a solicitor but it looks more complicated than applying for POA, so may have to pay legal fees.  let's hope he outlasts his wife, else it is going to be a difficult situation.