Health & Welfare LPA

Mintyrose

hi,

just wondering if it’s ok to just register  a Health & Care LPA and do the other at a later date? Or do they both have to be done at the same time? I’ve received all the documents from OPG, just have to fill them in and pay, but at the moment no urgency for financial one, as we have joint accounts, thanks 

lisyloo

They don't have to be done at the same time, but if you're getting someone to sign the part that says she doesn't have capacity then it might be worth doing both at the same as it can be a hassle (or cost) to find someone.

You'll need the financial one for other things e.g. putting a house on the market.

Personally I'd do it at the same time.

RAS

Start with the Health one if that concerns you, but if banks become aware that your spouse/partner has lost capacity and you've still been using the account, they can freeze the joint account.

So at the very least get the financial one completed now, certificated and witnessed, and make sure you get it sent off soon. And maybe get a sole account as back up?

Keep_pedalling

If you are going to do them at different times I would suggest finance is the most important as the lack of one of those that causes the greatest problems for your spouse and loved ones.

Mintyrose

lisyloo said:

They don't have to be done at the same time, but if you're getting someone to sign the part that says she doesn't have capacity then it might be worth doing both at the same as it can be a hassle (or cost) to find someone.

You'll need the financial one for other things e.g. putting a house on the market.

Personally I'd do it at the same time.

Thanks, no one has lost capacity, just thinking of getting everything in order for myself and husband, we rent, so house isn’t an issue

Mintyrose

RAS said:

Start with the Health one if that concerns you, but if banks become aware that your spouse/partner has lost capacity and you've still been using the account, they can freeze the joint account.

So at the very least get the financial one completed now, certificated and witnessed, and make sure you get it sent off soon. And maybe get a sole account as back up?

I didn’t realise they could freeze a joint account? What the point in having one then? 😃

Keep_pedalling

Mintyrose said:

lisyloo said:

They don't have to be done at the same time, but if you're getting someone to sign the part that says she doesn't have capacity then it might be worth doing both at the same as it can be a hassle (or cost) to find someone.

You'll need the financial one for other things e.g. putting a house on the market.

Personally I'd do it at the same time.

Thanks, no one has lost capacity, just thinking of getting everything in order for myself and husband, we rent, so house isn’t an issue

The point about loosing capacity is that it could happen at any time through illness or accident. We have had our financial LPAs in place for ten years waiting to be used if necessary. There are lots of day to day things that are difficult to manage if one of you loses capacity and the other has no access to your finances and can’t deal any accounts or loans you have. Even joint accounts can be frozen if one account holder has lost capacity. 

You also need to think about what if both of your were in this situation. This is why as well as each other our children have also been appointed attorneys. 

p00hsticks

I'd say if you're going to only go for one the finance one is more important - not being able to pay for a persons utilities, shopping and care or access their pensions if they become incapacitated for any reason is a real problem.

Whereas in the same circumstance, if a hospital recognises you as 'next of kin' (and I know legally there is no such thing) in my experience you'd be treated in the same way as if you had the health PoA for them. 

Keep_pedalling

p00hsticks said:

I'd say if you're going to only go for one the finance one is more important - not being able to pay for a persons utilities, shopping and care or access their pensions if they become incapacitated for any reason is a real problem.

Whereas in the same circumstance, if a hospital recognises you as 'next of kin' (and I know legally there is no such thing) in my experience you'd be treated in the same way as if you had the health PoA for them. 

That is exactly what happened with my mother. She would not talk about health snd or end of life care stuff but was happy to go with a financial LPA. Even though she only had a small amount of savings and lived in social housing my life would have been very difficult without it. 

I did not have any issues dealing with medical or welfare issues with any of the medical and care home staff I dept with over the last few years of her life. 

Mintyrose

Keep_pedalling said:

Mintyrose said:

lisyloo said:

They don't have to be done at the same time, but if you're getting someone to sign the part that says she doesn't have capacity then it might be worth doing both at the same as it can be a hassle (or cost) to find someone.

You'll need the financial one for other things e.g. putting a house on the market.

Personally I'd do it at the same time.

Thanks, no one has lost capacity, just thinking of getting everything in order for myself and husband, we rent, so house isn’t an issue

The point about loosing capacity is that it could happen at any time through illness or accident. We have had our financial LPAs in place for ten years waiting to be used if necessary. There are lots of day to day things that are difficult to manage if one of you loses capacity and the other has no access to your finances and can’t deal any accounts or loans you have. Even joint accounts can be frozen if one account holder has lost capacity. 

You also need to think about what if both of your were in this situation. This is why as well as each other our children have also been appointed attorneys. 

That makes sense! If we do those and have our children as attorneys as well as each other, does that not mean they can use authority as soon as registered? Or does it only come in to play when capacity is lost? Thanks 

RAS

They can only use it whilst you have capacity if you request their help. If you lose capacity, they can use it in your best interests. And the issue of capacity would likely be made by a medical practitioner.

But mean-time if you are travelling up the Mekong, you can get them to keep tabs on your accounts, deal with the Lloyds app melt-down, sort out practical issues like paying a plumber.