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I don't want to be Power of attorney anymore

(19 Posts)
Bassetfeet Mon 09-Nov-15 18:41:23

is it possible to stop it?
I am POA for my elderly mother in a care home . At the moment she can sign her own cheques and basically understand her finances . Naturally she wants me to manage her for finance and bills . Oh you deal with that basset .
My DH and I both have life limiting illness now . I am so fearful of having to visit banks etc and relevant stuff as basically housebound now . She is in very good health given her age 93.
I of course visit via taxi and bring her what she needs via online shopping and will always support emotionally .
Rambling sorry .Can a solicitor or advocate take POA in place of me ? Thank you .

fusspot66 Mon 09-Nov-15 18:45:40

I know a solicitor who has POA for an elderly client. She has known him 30 years though. I think your DM would have to initiate the change if you resigned for health reasons. Sorry to hear you're unwell yourself.

ginmakesitallok Mon 09-Nov-15 18:47:37

If she's still of sound mind why do you have poa? Poa is only activated when person loses competence?

Bassetfeet Mon 09-Nov-15 18:59:49

Sorry should have explained . When my mother came to home near me we thought it wise when she had full mental capacity to put POA in place should she deteriorate mentally or physically and unable to advocate for herself.
She cannot deal with the officialdom of her money transfers,bills,pension etc.
I am concerned because as only relative in UK she may well outlive me .
Thank you both for replies .

fastdaytears Mon 09-Nov-15 19:06:01

Powers of attorney can be used at any time, and many people choose to have their attorneys start to act because they are physically frail even though their capacity is fine.

If your mother has capacity then she will have to make a new power of attorney naming someone else. Could be a solicitor, friend, anyone responsible.

If she doesn't have capacity then it's a lot more complicated and you'll need to find someone to make a deputyship application for her.

You can't pass the role on yourself.

Disclaimer: that's England/Wales. Scottish powers of attorney are a mystery to me.

fastdaytears Mon 09-Nov-15 19:06:34

Also, very sorry to hear about your health flowers

Madratlady Mon 09-Nov-15 19:09:54

A solicitor can take that role, you need to discuss it with your DM if she still has capacity to make her own decisions, hopefully she will understand.

ginmakesitallok Mon 09-Nov-15 19:14:15

Bit if someone asks someone else to act on their behalf while that person still has capacity it's not poa.

If you don't want to do it for your mum while she has capacity just speak to her and get her to ask someone else. Anyone can do it for her if they have her consent.

wonkylegs Mon 09-Nov-15 19:20:36

Gin - you are confusing a ordinary POA and a lasting POA
Good explanation of the difference here
www.ageuk.org.uk/money-matters/legal-issues/powers-of-attorney/ordinary-power-of-attorney/

fastdaytears Mon 09-Nov-15 19:24:18

gun how do you mean? A Lasting Power of Attorney for Property and Financial Affairs has always worked both ways and in fact they recently changed the wording to make that super clear as there was some misunderstanding.

Health and Welfare does nothing until after capacity is lost but that's not what OP is talking about.

fastdaytears Mon 09-Nov-15 19:28:12

Sorry gin not gun. I can actually blame that on the gin I'm drinking.

Here is the new page. No legal change as the default provision was use-at-any-time, same with EPAs

fastdaytears Mon 09-Nov-15 19:29:36

OP, I am a professional attorney for a lot of people and I tell them the same- it's a really expensive option. If it's the only option then fine but it does add up. Is there anyone your mum has stayed friendly with who would help? Or a more distant relative?

Bassetfeet Mon 09-Nov-15 19:36:11

Thank you all for replies and advice .
I cannot at the moment ask mum to mention this dilemma to her and tell her what is happening health wise here .
But realise I can do it gently and kind of unobtrusively as in ' we need someone else mum to help with your needs and bank stuff ' . There is n one else willing so maybe a lawyer would do .
Am going to ring Age Concern tomorrow .
Glass of wine to you all .

fastdaytears Mon 09-Nov-15 19:39:03

Ah I see that doesn't help, but I can see why you wouldn't want to worry her.

If you need any help making sense of anything you're told then feel free to PM wine

Nydj Mon 09-Nov-15 19:46:58

OP, I have nothing to add in reply to the wise words of PPs but just wanted to say that I am sorry about your and your husband's health flowers.

Bassetfeet Mon 09-Nov-15 19:50:05

Jeeze sorry for words 'Lawyer would do ' .
Meant if all else fails a lawyer would take on the role for expenses of course . Not what it sounded like .
Her money is running out like a waterfall but when it runs out ......anther thread .
There is nobody else willing . Thanks again .

Bassetfeet Mon 09-Nov-15 19:53:22

fastdays thank you . I may well might in weeks to come . Very kind of you

fastdaytears Mon 09-Nov-15 19:53:52

Ha! Don't worry! Lawyers should always be last resort. In every way!
Don't let this take over though- you need to focus on your health too xx

Bassetfeet Mon 09-Nov-15 20:05:58

Nydj ... Thanks for the flowers
Auto bloody correct changed that to Fleas . Glad I checked .much appreciated .

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