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Power of attorney

(19 Posts)
Sinkingfeeling Thu 08-Dec-16 15:39:42

I have lasting power of attorney for my parents (in their late seventies and eighties) for finance and property. DH and I are in our forties, married and have mirror wills. Should we consider doing LPA for each other as well? Or would decisions about each other's health and finance be automatic? Grateful for any advice on this.

Musicaltheatremum Thu 08-Dec-16 15:50:41

I would do it. Also for your parents have you thought of getting a POA for health and welfare. This would not be brought into use until they lose capacity but at least you would have it organised.

pithivier Thu 08-Dec-16 18:00:58

Definitely do it. If one of you had a major accident or a stroke it would mean the other could access finance, organise medical treatment and many other things. There was a post recently about a man unable to sell his house because his wife had Alzheimer's and he needed to move close to,his daughter.

Although you are not of that age yet, accidents do happen.

mumblechum0 Fri 09-Dec-16 19:23:09

I do lots of LPAs for elderly people, but not that many for under-60s. Interestingly though, I noticed that the vast majority of clients who instruct me to make their LPAs in their 30s/40s/50s are hospital doctors. I guess they see the problems which arise when patients don't have LPAs in place.

I always tell my clients to think of it as an insurance policy, something which they hope they'll never need, but is worth doing to be safe.

Sinkingfeeling Sun 18-Dec-16 13:25:44

Yes, it clearly makes sense to do it - events at work have brought it into sharp focus for me recently. Musical - my parents live in Northern Ireland where power of attorney is slightly different. There aren't two different forms, just one document where they can include or exclude certain things. They drew theirs up a few years ago now.

Mumblechum - you did our wills for us a couple of years ago. May well be contacting you again in the new year!

Thanks for the comments, everyone.

mumblechum0 Sun 18-Dec-16 21:30:22

Hi Sinking, great, you know where I am 😊

KwazyKupcakes Mon 19-Dec-16 00:15:04

They're a good idea to do at any stage in your life. But bear in mind - the cost of a new one is not insignificant!

Mumblechum, a query about how they work - if my DH had an accident and was in a coma, and I had no LPA, I would still as his wife have the power to make decisions etc, right? And could access his eg bank accounts if need be?

KwazyKupcakes Mon 19-Dec-16 00:15:25

Feel embarrassed asking as I work in the justice sector blush

80sMum Mon 19-Dec-16 00:27:47

DH and I started filling in our LPA forms today. It's something that probably everyone should have, just like a will.

One thing that I do recommend is that if you nominate your spouse as your attorney it's a good idea to also nominate another person or persons as "replacement attorneys". Then, if your spouse should happen also to become incapacitated after the LPA has been invoked, there is still an attorney remaining who can act in your interests.

officerhinrika Mon 19-Dec-16 00:38:43

Martin Lewis has been talking about doing this recently, there is information on Money Saving Expert.
I read it and decided to do it, incapacity can come at any time whether you are healthy or not, could be as a result of an accident. I have an ongoing illness so thought of it as a sort of insurance.
I was a bit taken aback at the cost of registration though, £110 per form and you need a separate form for both financial and health and welfare.

officerhinrika Mon 19-Dec-16 00:43:05

Kwazy, no I don't think you would be able to make decisions or have access to funds that weren't in joint names. If your DH was incapacitated you'd have to apply to the Court of Protection for authority to act. From what I've read this is long winded and sometimes takes up to a year. If you've got a sick partner on your hands you really don't need additional legal hassle. It's amazing it's not publicised more, we all know about wills, life insurance etc, but this is not talked about.

mumblechum0 Mon 19-Dec-16 01:10:57

Kwazy, no, you wouldn't be able to access your husband's accounts or other assets, unless they were in joint names.

pithivier Mon 19-Dec-16 03:49:47

That is why we did it. Even though a house would be jointly owned you could not sell without the Court of Protection. So if, in the case of incapacity, you needed to move near family, there would be a lot of delay and expense.

With regard to initial costs, Court of Protection is more expensive and you pay them an annual fee on top.

NurseRosie Mon 19-Dec-16 05:21:06

Do it. It is so much easier for various things if it's in place. Hopefully it'll just be a safety net but worth having. While doing the property and finance I would also do the health and well being. Working with a lot if moth Dementia and end of life care, it is slit easier if LPA is in place x

PollytheDolly Mon 19-Dec-16 05:54:21

Never too early to do an LPA. Very sensible and must do ours soon!

Wex Fri 30-Dec-16 16:47:43

I've just done this for DH and me. Our DC are over 18 now and we set them up as joint attorneys on mirror LPAs. Dead easy to do using online form.
I did not do the health and welfare one for us but did for my elderly mother when I set hers up.

Interestingly all the doctors I know have them.

bakez Sun 01-Jan-17 07:01:36

my ex husband current gf is posting pictures of my girls on social media networks i've already seen a solicitor to advice i don't want her to buy 3 months down the line she's doing it again when i asked her politely to take off she tells me to jog on and i'm a twisted person yet again this ain't the first time for her to bad mouth me. plus the children's daddy has no transport at the moment and isn't willing to take public transport to see them i take them their as my girls wouldn't see him as he won't take public transport cause it costs too much, he gives money but last time he just said aww give it up next time i replied no sorry gonna have to be ur responsibility to pick the girls up am I right or am I wrong please help!x

pklme Sun 01-Jan-17 07:05:56

I think you need to start your own thread bakez, so people who know what to do can see it. I only saw this because I am interested in POA.

bakez Sun 01-Jan-17 07:08:52

sorry 😶

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