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  • FIRST POST
    • thegrouch314
    • By thegrouch314 11th Jan 19, 10:18 PM
    • 6Posts
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    thegrouch314
    Lasting Power of Attorney and Next of Kin Question
    • #1
    • 11th Jan 19, 10:18 PM
    Lasting Power of Attorney and Next of Kin Question 11th Jan 19 at 10:18 PM
    Right now this question is purely hypothetical but I'm trying to get all of my paperwork sorted for the future.
    In the future I want my mother to be the one to make any decisions for me medically if I'm unable to do so, as well as act on my behalf in other areas like financially.
    Am I right in thinking that her being my next of kin wouldn't give her those powers so I would need to give her Lasting Power of Attorney?

    If so, would other family members be able to overrule her, even if they don't have any power of attorney? I'm not married, no kids, so it would be my father and sister. Would they have a say in my medical decisions or would it all be my mothers choice?
Page 1
    • Keep pedalling
    • By Keep pedalling 11th Jan 19, 10:41 PM
    • 6,119 Posts
    • 7,081 Thanks
    Keep pedalling
    • #2
    • 11th Jan 19, 10:41 PM
    • #2
    • 11th Jan 19, 10:41 PM
    If you gave you mother POA then she would be the only one making the decisions if you no longer have the ability. Usually though it is not a good idea to appoint someone of an older generation unless there is likely to be an immediate need for your attorney to act such as a terminal illness.
    • thegrouch314
    • By thegrouch314 11th Jan 19, 10:49 PM
    • 6 Posts
    • 3 Thanks
    thegrouch314
    • #3
    • 11th Jan 19, 10:49 PM
    • #3
    • 11th Jan 19, 10:49 PM
    That's great, thank you.

    I've put her down as my PoA for now because I'm in poor health despite being young. As both of us age, I'll change it
    • Yorkshireman99
    • By Yorkshireman99 11th Jan 19, 11:05 PM
    • 5,161 Posts
    • 4,367 Thanks
    Yorkshireman99
    • #4
    • 11th Jan 19, 11:05 PM
    • #4
    • 11th Jan 19, 11:05 PM
    That's great, thank you.

    I've put her down as my PoA for now because I'm in poor health despite being young. As both of us age, I'll change it
    Originally posted by thegrouch314
    You really should appoint at least two attorneys with powers to act jointly and severally. No need for them to be a relative.
    • getmore4less
    • By getmore4less 12th Jan 19, 8:54 AM
    • 35,051 Posts
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    getmore4less
    • #5
    • 12th Jan 19, 8:54 AM
    • #5
    • 12th Jan 19, 8:54 AM
    For medical based stuff all those involved in care are covered by the relevant act and need to follow the code of practice.

    https://www.gov.uk/government/publications/mental-capacity-act-code-of-practice

    section 7 is relevant pay particular attention to 7.21 to 7.31.

    not sure but reading into what you have asked 7.30 may be particularly relevant.
    • Keep pedalling
    • By Keep pedalling 12th Jan 19, 7:52 PM
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    Keep pedalling
    • #6
    • 12th Jan 19, 7:52 PM
    • #6
    • 12th Jan 19, 7:52 PM
    That's great, thank you.

    I've put her down as my PoA for now because I'm in poor health despite being young. As both of us age, I'll change it
    Originally posted by thegrouch314
    As YM says you should have 2 attornies., the alternative to having them both being able to act is to have a back up attorney who can take over if the primary attorney is no longer able to act.

    The problem with the idea of you making a new LPA latter is that you may no longer to be able to do so do to an illness or accident.
    • SevenOfNine
    • By SevenOfNine 13th Jan 19, 8:41 AM
    • 1,532 Posts
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    SevenOfNine
    • #7
    • 13th Jan 19, 8:41 AM
    • #7
    • 13th Jan 19, 8:41 AM
    I'm not married, no kids, so it would be my father and sister. Would they have a say in my medical decisions or would it all be my mothers choice?
    Originally posted by thegrouch314
    Though I agree you should have two attorneys, you might want to be sure they would hold the same views should they need to make medical choices on your behalf.

    Acting severally if there are more than one is a good idea (& the recommended route when applying), but FiL had two & when he was ill in hospital they only consulted with ONE in relation to signing the 'do not resuscitate' form. He could act severally & willingly signed it, but neither party bothered to consult or even inform the other attorney! (Both of whom where FiLs sons.)

    Just guessing, but do you only fully trust your mother to make the right choices for you, which is why you've chosen just her?
    Seen it all, done it all, can't remember most of it.
    • Mojisola
    • By Mojisola 13th Jan 19, 10:25 AM
    • 30,600 Posts
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    Mojisola
    • #8
    • 13th Jan 19, 10:25 AM
    • #8
    • 13th Jan 19, 10:25 AM
    Though I agree you should have two attorneys, you might want to be sure they would hold the same views should they need to make medical choices on your behalf.
    Originally posted by SevenOfNine
    The attorneys shouldn't be expressing their own views - their responsibility is to ensure the donor's wishes are complied with.
    • SevenOfNine
    • By SevenOfNine 13th Jan 19, 11:02 AM
    • 1,532 Posts
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    SevenOfNine
    • #9
    • 13th Jan 19, 11:02 AM
    • #9
    • 13th Jan 19, 11:02 AM
    The attorneys shouldn't be expressing their own views - their responsibility is to ensure the donor's wishes are complied with.
    Originally posted by Mojisola
    Of course, my bad phrasing, though that isn't always going to be the case unfortunately.

    My FiL he hadn't expressed his wishes, & was no longer capable of doing so (slipped miles along the dementia road), therefore BiL agreed to something HE felt was the right choice. Hence acting severally can have some negatives when in a position to express only your own view & have it acted on!
    Seen it all, done it all, can't remember most of it.
    • getmore4less
    • By getmore4less 13th Jan 19, 11:09 AM
    • 35,051 Posts
    • 21,414 Thanks
    getmore4less
    There is often more than one right answer to a course of action.
    Equaly valid solutions to address the needs of a fulnerable person.
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