LPA

danco

I set up LPAs (both Property and Financial and Health and Welfare) over ten years ago.

I think I have read that the procedure differs now and that it is much easier than it was to get banks to accept that an attorney is acting.

Is this so, and if it is would it be worthwhile to set up a new LPA?

elsien

The main difference now is that you can get an electronic code to show to relevant people whereas for the older LPA, you need to present the power of attorney itself.

This is probably going to make life easier for dealing with financial institutions. Potentially less relevant for health and welfare unless your attorneys live a distance away -it’s easy enough for an attorney to show a paper copy to a ward or care home when visiting. Although the number of times I’ve seen care home paperwork showing an LPA in place when there’s no such thing is quite worrying, and shows that the necessary checks are not always being carried out.

danco

Thanks.

I thought there was something like an electronic code. It does make things easier than the old method (or should do). So does anyone think it is worthwhile making a new financial LPA because of this?

It's clearly not needed for health. I've spent a few days in hospital recently, and one of my attorneys (a fair distance away) is noted as next of kin, and the hospital have contacted her a few times.

KxMx

Health & welfare LPA only becomes active when the donor (you) lose capacity.

Next of kin for active medical care is a more casual set up.

elsien

https://forums.moneysavingexpert.com/discussion/comment/82091351#Comment_82091351

Just be aware that next to kin has no legal meaning. Hospitals like it (and often misunderstand it) because it means they have a point of contact, but next of kin cannot make any decisions for anyone.

If you choose for them to be contacted while you have capacity that’s your choice but once you lose capacity, it’s either a health/welfare power-of-attorney or best interests in consultation with the relevant family and friends ( not simply Next of Kin) with the relevant professional being the decision-maker.

Albermarle

https://forums.moneysavingexpert.com/discussion/comment/82091351#Comment_82091351

Any LPA registered before January 1st 2016 can not use the online service for informing organisations etc., and you have to stick to using paper copies.

If you really wanted to you could officially revoke the existing LPAs and then start all over again.

danco

https://forums.moneysavingexpert.com/discussion/comment/82091717#Comment_82091717

Understood. What I am trying to get a sense of is whether the advantages of the online service make it reasonably sensible to revoke and start over. It isn't expensive, and not that much of an effort, and I suppose it can't harness. I guess I will start the process.

danco

https://forums.moneysavingexpert.com/discussion/comment/82091527#Comment_82091527

Yes, I did know that next-of-kin has no legal meaning. The person I have listed as next-of-kin is also one of my attorneys on the LPA, which simplifies matters.