New power of attorney guide
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Even if you did have the money, why would you agree to step in and pay for the funeral when she is the sole beneficiary of his estate?
Perhaps because Gumchops wishes to see her/his son given a suitable burial, but is unsure that the absent DIL will wish to pay as relations appear to have broken down.0 -
Not sure what you mean by "suitable" as i'm sure there are legal requirements that have to be met in relation to funerals whether its by burial or cremation.
In my opinion the estate of the deceased should always pay for the funeral.0 -
I have property and affairs power of attorney for my mother who has been diagnosed with dementia a month ago, I look after her and I'm just about to apply for carers allowance, but I was reading today that the health and welfare power of attorney is needed to make decisions about that persons daily routine, eg washing, dressing, eating, I haven’t got this type of power of attorney will this be a problem?0
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She can still do one if she has capacity. Having a dementia diagnosis does not rule this out, but there may be more hoops to jump through to demonstrate capacity in case it is challenged later.
If she now lacks capacity to make the power of attorney, the court of protection very rarely grants welfare deputyships, as the best interests decision process is considered to be sufficient safeguard.
You don't need the power of attorney to continue to be her carer and help her with day to day decisions. It's more for how she would want to be supported if she needs to go into care, choosing a care home, or has other people looking after her for any reason, or for any medical decisions further down the line.All shall be well, and all shall be well, and all manner of things shall be well.
Pedant alert - it's could have, not could of.0 -
If you have set up LPA's in England and move to Scotland do you have to then set up fresh LPA's or are the old ones still valid?
What is situation if the person becomes incapacitated while away abroad? (either holidaying, wintering, or living)0 -
You need the English LPA's for property, banks accounts etc held in England and the Scottish LPA's for property, bank accounts etc held in Scotland. If a person becomes incapacitated while living abroad or on holiday then its best to speak to the foreign office or a local solicitor in the foreign country.0
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What do you do if you have two parents?
Is it a good idea to file for one of them, or wait until one passes away, or file for both? It could be expensive.0 -
What do you do if you have two parents?
Is it a good idea to file for one of them, or wait until one passes away, or file for both? It could be expensive.
No, they should not wait for one to die. My wife and I have both completed LPAs and have made ourselves and our 2 children attorneys. This covers just about all possible scenarios.0 -
I am making a lasting power of attorney, appointing each and every one of my sons and daughters as attorneys. In case the LPA is ever used, I want to ensure that each one of them is suitably compensated for performing this duty. I want to enter this wish of mine in the section of must do for attorneys. Is this arrangement permissible.....Illegitimi non carborundum
...don't let the illegitimate ones grind you down....0 -
miserable_ol_so_n_so wrote: »I am making a lasting power of attorney, appointing each and every one of my sons and daughters as attorneys. In case the LPA is ever used, I want to ensure that each one of them is suitably compensated for performing this duty. I want to enter this wish of mine in the section of must do for attorneys. Is this arrangement permissible.
Non professional attorneys can't claim fees unless you specifically state that in your instructions. So for example you could state that each attorney is to be paid £xxx a year, but be careful how you do this as it is likely that one of your children will end up doing all of the work, so may feel his or her siblings are getting paid for nothing.
If you don't state anything about this your attorneys can still pay themselves for any resonable costs they endure acting for you0
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