New power of attorney guide
Comments
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I too would be worried by that arrangement. Obviously if you are a guardian services company it's obvious that there should not be any conflict of interest between the directors of that company and any contracting company whose services you engage to work on properties, etc.
I would be tempted to write to the guardian company, or even better, get a solicitor to write to the guardian company expressing your concerns in detail and ask for the assurance that no employees have any connective or beneficial financial arrangements/ relationships with the contractors they use. . If they are supposed to be looking after the interest of individuals, this should include their financial interest, and involve getting competitive quotes.
I don't know whether the Office of Public Guardian has contracted these services out to a number of specialist companies (rather like the government have now contracted out the eyesight tests of the Over 70's reapplying for Driving Licences to Specsavers).
If you don't get a satisfactory reply, or no reply at all, I would be tempted to raise the issue with your MP. The number of people needing their affairs dealt with by a guardianship arrangement is likely to grow over the years and if not challenged that things are operating correctly there is room for all kinds of abuse of the system to take place.0 -
If your FIL is able to grant General POA then he must have sufficient capacity, including communication, to express his wishes (with whatever assistance, sensitivity and time he needs to do so). You can represent him if he agrees; start by seeing what he wants.somuchindebt wrote: »My father in law has lost his speech ...
He sounds to be at high risk of losing capacity, so LPA is also a priority (if not already in place, or if not suitable judging by the way the General POA is going).0 -
Hello,
Thank you for your responses.
Primrose, I had to convince my husband to support his father in signing this as I had imagined and trusted that all would be done properly and know I regret it. I think I will write to them myself without engaging a solicitor. Thank you for this idea.
Jouef, yes, my FIL has mental capacity and is of a sound mind. It's the communication that is the problem. Before the General POA was signed they had speech therapist present. When we had discussion about it they reassured they would act in his best interest and work with the whole family. But, since it is signed, there is no communication. I am wondering if they have a duty to speak and consult my FIL, seeing as he has mental capacity and he should make decision, or do they make all decisions as they see it fits.
There is no LPA I place, he never wanted one. It is very difficult subject, but I will try and speak to him about it.0 -
Sorry to hear about the position your FIL is in and the concern it is causing you. If he loses capacity (perhaps through losing the little communication he has) without both Finance and Health LPAs in place, the General POA would cease and the only means of making decisions would be through whatever contracts have already put in place through the guardian services company, the care professionals' opinions of his best interests, and through the courts. With this in mind, LPA x 2 would seem urgent.somuchindebt wrote: »There is no LPA I place, he never wanted one. It is very difficult subject, but I will try and speak to him about it.
It is not clear whether your FIL is able or willing to discuss his opinions and wishes with you. He should be in the driving seat if he has capacity, even if only to the extent of deciding who represents his interests and how. What does he think of the way the situation is panning out?somuchindebt wrote: »yes, my FIL has mental capacity and is of a sound mind. It's the communication that is the problem.
It depends how much he wants to be involved. How about going to the Citizens Advice Bureau or a solicitor with experience in this area (eg one who specialises in Mental Capacity work) to clarify his and your options.somuchindebt wrote: »I am wondering if they have a duty to speak and consult my FIL, seeing as he has mental capacity and he should make decision, or do they make all decisions as they see it fits.0 -
My FIL confirmed that he wants us to be informed and involved. I wrote down a few pieces of paper for him to pass onto the Guardian Services Lady. (a choice of option for him to choose, like I want them to be informed, I want to cancel the POA) He said he will pass the one to be informed and consulted. But he also said that the lady does not visit him. So he is unable to pass on the written wishes.
My husband is in a bad state, severely depressed and he is unable to handle his dad's matters. My FIL didn't want us to have joint power of attorney, or me to have it because he was worried that it would create more arguments between us. My husband can be very difficult, he is the only child, very spoilt and his parents always did everything for him.
My husband is worried that he's going to lose everything that his parents worked for, but unfortunately he is unable to do anything....
My FIL is not very happy with how things are going due to lack of communication. It seems that he can't see a better option though.
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This is a very sad state of affairs. I would think his GP would also be a good person to consult on whether he has mental capacity. If he does have mental capacity and is 9nky speech impaired because of his stroke or other afflictions the. I would think getting Pof As might still be possible. There is an implicit understanding that these can then be acted upon with your fil!!!8217;s agreement.
This has got to be a better arrangement than any guardian arrangements operated by a contracted company.
Oh and do please make sure that you and your hisband now act with maximum speed to put both Financial and Health & Welfare Lasting P of A!!!8217;s in place for yourselves/each other. One always imagines one will cope with these things when they happen. The reality is that disasters can happen at any time, even at a young age, without warning and sadly it,smoften then too late to enact a procedure which would have made your lives much simpler to manage.0 -
Please do not end up in a much worse situation by delaying LPA, both types (especially as you live in the same residence). If/when FIL loses capacity his General POA will cease but contracts entered into under it will not. This seems to me the single most important step now. He could consider rescinding POA and starting LPA while still having capacity, and though that will not happen in time to affect the current situation you will all be up the creek without it eventually. He would be donor, you and husband (anyone else?) joint-and-several attorneys.somuchindebt wrote: »My husband is worried that he's going to lose everything that his parents worked for, but unfortunately he is unable to do anything.... My FIL is not very happy with how things are going due to lack of communication. It seems that he can't see a better option though.
Primrose also makes excellent recommendations, including your own LPAs for each other. All this will protect you from much worse problems in the future while you turn your attention back to the present.0 -
May as well not have bothered. I asked a solicitor (via my insurer's free helpline) who didn't know and also suggested I contact the OPG, who didn't know and suggested I ask a solicitor.An earlier poster mentioned contacting the OPG direct for advice ...
Also, the OPG helpline confirmed their written guidance which is to state actual amounts, which seems daft as inflation halves the value every 25 years.0 -
My mum has decided to set up LPA but there's a snag. My dad can't be trusted with money, but she wants to give him some powers so that he can deal with the basics (as we, her children, live hundreds of miles away). She wants to be able to give "jointly and severally" access to her current accounts but "jointly" for her savings. She's willing to list out the details of the current accounts but she's refusing list the savings accounts because that would put temptation in his way.
So she's planning to write it as (paraphrased) "jointly and severally for current accounts X and Y but jointly for anything else". This sounds like a recipe for disaster to me! All the little things that she hasn't mentioned and we haven't thought of will fall into the "jointly" category.
What should she do?
Two further points:- she doesn't want to get a solicitor involved (because "one thing would lead to another and it would end up costing a fortune"), and
- she's determined my dad should have some limited responsibility even though he's totally incompetent and shouldn't be trusted
I hope you can help!0 -
You need to keep it as clear and simple as possible or the application may get rejected. I dont think theres such a thing as a conditional LPA that banks and authorities will accept. Living a distance away to manage someones finances is possible today as so much is online. Ive done it. The only detail to sort is getting cash transactions done, for which you can make small and frequent transfers to the less responsible party who doesnt have an LPA.0
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