Power of attorney, advice needed

TisMeBill

We have a situation where my MIL wants my wife and my sister in law to have POA over her affairs, both financial & health, my FIL is refusing point blank for anyone to have POA over his affairs. To us it seems that setting up the health POA for my MIL is still a good idea. However, we don’t know how it would work with the financial POA as the in laws bank accounts, house and utilities are in joint names and my wife and SIL will only have POA for one of them. Any advice appreciated.

p00hsticks

I'd say it's still worth putting a Financial POA in place for your MIL, as you'll then be able to use it if your FIL dies or needs to go into care.  

bunnygo

as above - do it for the sensible person. Is FIL aware that the health and welfare one only kicks in if he is incapacitated, and the financial one also only in that situation or if he gives permission?

Keep_pedalling

If she gives her children financial POA then that will enable then to have access to to all the joint accounts if your MIL gives them permission to so and FIL will not be able to stop that.

Brie

Don't forget too that these can be done yourselves and don't require a solicitor.  Saves greatly on the cost.  That in itself might help change FiL's mind.  Lots of us baulk at paying legal costs.

badmemory

Maybe remind him that the lack of spending under £200 now could cost thousands if the proverbial hits the fan & land him in an over my dead body care home.  Without a health POA the hospital & LA can put him in any care home they want & don't even have to tell you where it is.

elsien

badmemory said:

Maybe remind him that the lack of spending under £200 now could cost thousands if the proverbial hits the fan & land him in an over my dead body care home.  Without a health POA the hospital & LA can put him in any care home they want & don't even have to tell you where it is.

Not entirely accurate. Under the Mental Capacity Act there must be a proper best interest process which includes consultation with family/relevant others. 

With regards to the joint account, if the bank becomes aware that one account holder has lost financial capacity they can freeze the account. Having the financial LPA will allow you to monitor the account on her behalf. 

badmemory

elsien said:

badmemory said:

Maybe remind him that the lack of spending under £200 now could cost thousands if the proverbial hits the fan & land him in an over my dead body care home.  Without a health POA the hospital & LA can put him in any care home they want & don't even have to tell you where it is.

Not entirely accurate. Under the Mental Capacity Act there must be a proper best interest process which includes consultation with family/relevant others. 

With regards to the joint account, if the bank becomes aware that one account holder has lost financial capacity they can freeze the account. Having the financial LPA will allow you to monitor the account on her behalf. 

I'll have to go back to the hospital & tell them that as they refused to tell us where they were sending our mother until I showed up with a POA.

elsien

Hospitals are bad for following the MCA. Which is why people knowing about the legal obligations and reminding them of it is helpful. I would certainly raise a complaint in those circumstances.