Lasting Power of Attorney question

2childmum2

Alphatauri said:

I agree the two have become tangled up. 

Click on the report red flag at the bottom of your post and ask the mods to untangle. I think most responses are not related to your post. 

Thank you. I have done that

2childmum2

Alphatauri said:

@2childmum2 I think Macron’s post is relevant. You can both set out what you want in the preferences section. 

Your DH could  state something like - Mrs 2childmum2 and I have had shared finances since. All income and savings are considered joint even where they are in one persons name. If I am not able to act all income and savings in my name or joint names should continue to be considered joint or ‘our' money and used to pay for joint bills etc, and any personal needs we both have.  

Thank you. That's the sort of thing we were planning on writing (but better worded than our version!)  but a couple of websites belonging to lawyers seems to say it wouldn't be allowed.

When we send the forms in to the OPG would it be flagged up as a problem at that point, or might it only become a problem at the point we want to use it. (If it is a problem).

Linton

Why cant you access all monies in your name and all monies in joint accounts (unless it is specified you need both of you to agree) without using PoA?  How you regard that money should not matter.

You would need PoA to access bank accounts or ISAs in your husbands name.

Somewhere on the .gov.uk I have read that words to the effect that normal ongoing payments for dependents are permitted.  If you need what is legally your husband's money for normal household expenses then that surely makes you a dependent.

However I am not a  lawyer.  If you really want a definitive answer you would need to pay for one and ensure they fully explain the answers they give.

2childmum2

I have heard that some banks freeze a joint account if someone on the account loses capacity and the other account holder does not have POA 
Our main income source will be DH's pension so I would need POA to deal with that too

I have contacted the OPG but I don't know how long they will take to get back to me.