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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:
DSisNolongerhere · 14/01/2025 17:12

Important to note that the health and welfare one cannot be invoked unless you lose capacity.

There is a choice on the property and finances one where you choose whether it can be invoked anytime you agree or only when you lose capacity.

MajorCarolDanvers · 14/01/2025 17:09

Very good idea to have them. We do.

they can’t be invoked unless you lose capacity.

you never know what’s down the road. It’s important protection.

olderbutwiser · 14/01/2025 17:06

POA only come into play if you have lost your marbles, but you need to set them up in advance while you are marble-complete.

DH and I have them for each other but I am just changing mine so if DH can't make decisions either then the kids can step in (which is the most likely scenario).

You can DIY if you want, although I recommend doing one then the other as the paperwork all looks the same and it's easy to muddle them up (bitter experience 🙄)

myplace · 14/01/2025 17:05

Yes you do. We’re doing them. We’re actually putting the children on though, to make life easier for the one whose ok.

It can’t be invoked without your consent unless you have lost capacity.
Mum is dragging her feet, afraid it will be invoked too early. Far more likely to be too late and we won’t be able to pay for the care she needs with her money.

MissyB1 · 14/01/2025 17:05

Yes you should - unless you dont trust him! We are in late 50s, we did ours 3 years ago. Mind you we've both had serious illnnesses so that focused our minds a bit!

gingercat02 · 14/01/2025 17:03

We have them, too. They are only able to be used if you activate them or if you lose capacity to make decisions for yourself.
No one can take over without your consent while you are still able.
My mum has recently activated hers, so I can officially help her with finances, online banking, paying bills, etc. She is still perfectly well but likes me to help out.

Daleksatemyshed · 14/01/2025 17:03

If it helps @Midlifecareerchange I'm older than you and my marbles are all still at home but my DP and I have mutual POA. The courts would only let your DP activate the POA if it could be shown you had lost capacity to make your own decisions, being grouchy isn't enough!
Seriously, my DM had Dementia and getting a POA for her was murder, it was a skin of the teeth job and without it life would have been even more difficult.

DSisNolongerhere · 14/01/2025 16:58

Yes you should have them. We have recently done them in our 50s.

As my user name suggests my DSis died last year in her 50s totally unexpectedly. She spent ten days in hospital before she died. In that time we were so grateful that she was mentally with it as we didn’t realise her DH would have had no legal say over her care without a power of attorney. The doctors would have listened to him but they would not have to take his wishes into account. If he had POA then they would have to get his consent for things.

they take a few months to go through so you really don’t want to leave it until you are losing your marbles as once you’ve lost them it’s too late to do.

Martin Lewis is a big fan of getting them well before you need them.

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