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AIBU?

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Do DH and I need power of attorney for each other?

133 replies

Midlifecareerchange · 14/01/2025 16:51

Inspired by the AIBU about the benefits of marriage.

Dh and I have mirror wills. Our solicitor has now suggested power of attorney forms and I'm trying to figure out if there's any downside. It feels really wrong to me to sign anything that would give away my rights and power financially or in the case of healthcare, even if those things are hard to invoke and need to be signed off by medical professionals. I think of all those women who got carted off to asylums in the past when they got a bit grouchy and troublesome. I'm very grouchy at times 😬 DH and I are early 50s. I thought it was something you do in your old age if losing your marbles.

We have some assets in joint accounts and some in separate. We both have logins for both just in case needed. We are married.

YABU: sign the forms
YANBU: don't sign them

and yes I will also clarify the pros and cons with said solicitor when I get a chance.

OP posts:
Seawolves · 14/01/2025 18:12

DH had cancer, we knew it was terminal from the outset but with surgery and chemo he was doing well so se discussed his wishes for his healthcare when it got to 'that' point but we didn't have discussions with the palliative team or his oncologist because it wasn't needed. He was still working full time, still doing all of his usual activities then, one Saturday evening he had a massive stroke. It robbed him of the use of his body pretty much and left him unable to communicate his wishes. The hospital doctors wanted to send him for a 10 week rehab programme at a unit over an hour away from home (mid lockdown so visiting would've been doubly hard as he wasn't classed as end of life at that stage), the oncologists agreed he had up to a year left but I knew it was against his wishes. I had to fight really, really hard to get heard because we had no POA in place. In the end I won thankfully because within 3 months he was dead. It was a stressful time made worse because there was no POA.

Midlifecareerchange · 14/01/2025 18:10

This is all very helpful.

Yes that's what I assumed re logins. It was actually DH's Tesco login I used when he was ill- didn't need the banking as all our bills come out of a joint account anyway.

more specific examples of healthcare decisions would be very helpful if anyone doesn't mind, as I gather people think it's a good thing generally but I'm still feeling a bit unwilling to do that one. I like to manage my healthcare on a case by case basis and I'm very prone to rejecting advice but would always want to choose myself.

OP posts:
callmebuffy · 14/01/2025 18:10

Log ins won't cover a lot of things.

Such as selling a property.

Health wise - who would you rather make a decision about you - DH who knows you well, or me, your social worker who has only just met you... because I do this a lot under best interests for people I don't know!

BeCosyLion · 14/01/2025 18:10

It’s worth mentioning that just because you have log in details for someone’s online banking that doesn’t give you a legal right to use their money. Only a power of attorney does that and even then you still have to use it for their benefit and in their best interests. Worth bearing in mind if you are just relying on being able to log on to your DH’s account

Brombat · 14/01/2025 18:07

If you need to concentrate your mind as to why you need one, have a look at the alternative if you don't sort it out. Very costly and requires court.

We have them for parents and they are now needed, as my MiL has lost capacity but thinks she's fine. Social workers and mental health people are involved and they will take our wishes into account as DH has LPA.

We need to do them for each other.

If a financial institution knows you're accessing your DH's account, they will freeze it.

hashimotosucks · 14/01/2025 18:05

We have it. Forms were easy to do online without a solicitor. You can also appoint more than one and a replacement one in case DH was not in a state to take responsibility eg both in a car accident

DSisNolongerhere · 14/01/2025 18:01

There is a place for instructions and for wishes in the POA. The instructions must be followed and the wishes are just an indication. It is more sensible to have wishes as it doesn’t tie the hands of the attorneys.

the government website gives examples of both instructions and wishes. For example, DH and I have both put in wishes that if our death is imminent and inevitable in the opinion of doctors that we do not want treatment unless it is to reduce suffering.

Again you can choose whether your attorney has the right to refuse or consent to life saving treatment. We have selected yes to this.

DH and I are each others attorneys with replacement attorneys being our DC if either of us cannot act.

Jeezitneverends · 14/01/2025 18:00

My mum was diagnosed with Alzheimer’s at 57, fortunately POA was in place.

gingercat02 · 14/01/2025 17:59

@Midlifecareerchange it's not legal to access someone else's account (unless it's joint) even with their permission so the bank or other institutions could and would stop you if they knew.
With an LPA, it would all be legal and permitted. So I have permitted access to my mums bank account, investments, utilities, etc. I have had logins for ages, but we decided to make it all legit recently.

DSisNolongerhere · 14/01/2025 17:57

Having your DH’s logins is not legal access to his finances. I know people do it but that doesn’t mean it’s legal, you could get into trouble for fraudulently using his card even with his consent.

Midlifecareerchange · 14/01/2025 17:56

I don't know who I would trust in the case of healthcare. I don't assume DH would automatically know what my wishes would be if I were incapacitated. I watched a brain damaged relative live through 10 years of suffering before he eventually died and I don't think anyone would think it was right to prolong that kind of situation if there was a choice, but it's pretty rare there is a choice isn't it? There wasn't in this case as he wasn't on life support after the first month.

helping a parent with online banking is a good example but can be done with logins although perhaps that's not strictly allowed

OP posts:
Midlifecareerchange · 14/01/2025 17:50

Thanks everyone. I'm sorry for your various losses and difficult periods caring for loved ones 💐

specific examples are helpful to me to understand why I might need this- for example I couldn't understand why the medical one might be needed as I assumed medical advice would just be followed so the idea of declining cancer treatment in the case of dementia is an interesting one to consider. But would you not then need a whole list of hypothetical situations and your wishes in these situations? Do people do this?

likewise when DH was very ill at one point I did have access to his finances as I had his phone and his logins. So specific examples that having logins wouldn't cover would be helpful

Thanks all

OP posts:
Nonitor · 14/01/2025 17:45

I am POA for both my parents - it was made very clear to me that I can't make decisions or override theirs unless they have been assessed as lacking capacity, even if I disagree with their decision. So your DH couldn't go against any decisions you made about your health or finances while you are capable.

And presumably you trust him to make good decisions in your best interest if you weren't mentally capable - otherwise don't choose him to be POA. As other PPs have said it does take a while to be processed so really there's no reason not to get the paperwork in place now - and hopefully you won't need it for a long while to come.

FarmGirl78 · 14/01/2025 17:40

My parents each have them, with the opposite spouse and both me and me brother named. We can act together or individually.

As everyone else has said if you wait until you've lost your marbles then it's too late. Its like only buying a burglar alarm after you've been burgled. Too late.

aintnospringchicken · 14/01/2025 17:37

DH and I set up LPA last year.We are both in our 60s.It was something we'd talked about getting it and were spurred on to do it after one of our friends died suddenly.Our DCs are named on it too,so ,heaven forbid if both DH and I become incapacitated,they can access our finances.

pilates · 14/01/2025 17:36

It’s a very good idea to do it at your age before you lose capacity. Save yourself some money and do it yourself online.

Musicaltheatremum · 14/01/2025 17:36

The finance one can be set up to be used before capacity is lost. I'm doing this for my dad just now as he is finding using the online banking stressful so I'm taking over. My husband does it for his dad as he is partially sighted and kept locking himself out.

Sidebeforeself · 14/01/2025 17:23

God yes. I remember Kate garraway writing about this when her husband first got ill. She’d assumed that because they were married she could do things on his behalf but she couldn’t. It really scared me as theres a big age gap between me and DH so I got them done straightaway as well as wills.

mitogoshigg · 14/01/2025 17:21

We will be setting them up naming each other plus one daughter each (my dd and my dsd), we have asked the dc and dsd wanted my dd to be named on my dh's in case she can't cope and my dd suggested to reciprocate, we know who would be the one taking charge.

Seawolves · 14/01/2025 17:21

Yes. DH was 56 when he had a major stroke which left him with a neuro-disability, we didn't have POA in place and I wish we had.

BruFord · 14/01/2025 17:17

I’d get them done. DH and I need to do ours, we’ve got them for our parents but haven’t got around to ours yet.

You can have more than one attorney so if you’ve got an adult child/sibling/close friend whom you trust, they can be a joint attorney.

letshavetea · 14/01/2025 17:16

We have them. It’s a very good idea. I read an article which talked about a woman who couldn’t access things like bank accounts and utilities when her husband was seriously ill if they were in her husbands name. Promoted us to take action!

Mabelmable · 14/01/2025 17:13

We have them, I think they are lodged with our solicitor so we would have to justify using them.

HellofromJohnCraven · 14/01/2025 17:13

I would. Need to sort this out for me and dh.
Did it for Mum. She now has dementia and it means that I can advocate properly for her. Before the dementia she told me that she doesn't was illnesses treated once she has dementia, so if she gets cancer she only wants pain relief etc. Much easier to do with the POA

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