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Elderly parents

POA is it always ‘worth it’?

39 replies

Zolrets · 07/05/2021 14:08

First, I know POA is essential in some circumstances but what I’m looking for is some advice in my situation.

My parents both set up POA with a professional will service. This was more my dad’s initiative than my mums. Each poa names me + a sibling (first named). Since then my dad died and my mums mobility has declined to a point where she is housebound. She is a bit naive and doesn’t understand her bills and paperwork so I do all the admin but she is cognitively all there. I also do everything else to feed, clothe, entertain her, maintain the property, maintain the garden etc etc . Other sibling hasn’t been seen for a year.

At the moment some Bill providers will talk to me as I am named. Shopping and cash wise I use her card. I know that’s not right but it serves it purpose.

I remembered the POA and mentioned it to my mum who says she doesn’t understand it, and isnt keen to change things. I got it out to have a look and I can see it says ‘mental incapacity’ not physical which won’t help me persuade my mum.

I’m wondering, in my situation with my mums issue being physical and some solutions, of sorts, in place, is it worth me rocking the boat and getting her to agree to be activating this? For example, if I’m talking to her broadband provider over the phone do I just say I have POA and they accept this? If I have send evidence in that makes me think it will still be an effort and less inclined to push on this. Also, the sibling named first, I’m pretty angry about the situation with them and don’t want to draw them in as they have been almost zero help to date. Can POA be used independently or will banks etc want both to verify things? Sorry it’s a long one. I hear so much about POA on here but it’s often in relation to dementia which I totally get, and it about physical mobility. I should add too that despite huge efforts, my mum can’t use any digital device.

OP posts:
Smartiepants79 · 07/05/2021 16:18

Agree that if you have you mums consent then sometimes it’s easier to just pretend to be her. Perhaps for things that are less sensitive and have her sitting right next to you while you do it.
I understand about the not bullying things but sometimes hard choices have to be made, we’ve had to be firm with my grandmother on occasion which is distressing but necessary.
Now is the time to act while she still has capacity, when she doesn’t, it’s too late.

endofagain · 07/05/2021 15:22

Definitely worth it IME. Get in touch with AGE UK. They will advise you. If you don't get it sorted out now, you run the risk of social services and the court of protection getting involved. Social services can be very helpful, of course, but you need to have a say in your mum's affairs. Elderly people are targets for conmen and scammers, you need to be in a position to protect her.

JudgeRindersMinder · 07/05/2021 15:18

It was invaluable in dealing with my dad’s affairs, if you’re already dealing with your mum’s affairs, you’d be as well having it. In my experience organisations were a mixed bag, on the phone most were happy for me to hand the phone to dad and for him to say he was happy with me dealing with them, and it was noted so no future issues, some wanted me to email photos of the document, and others (looking at you SANTANDER) were a royal pain in the backside and would only accept it after actual sight of a certified original document.

I know some of MN will be horrified at this, but if you’re doing stuff on the phone wouldn't be above just saying you are your mum

Travellor · 07/05/2021 15:14

It is well worth doing. A POA costs £82 at full price (can be less depending on the individuals circumstances). If you don't do one and then need to take control, it will be by way of Deputyship via the Court of Protection. You can easily be looking at a cost of £1k if a court hearing is needed, plus the need for an imdemnity policy plus ongoing annual fees. Also it is not a quick process.

BeastOfBODMAS · 07/05/2021 15:08

Regarding your sibling, the POA document should state whether you are authorised to take decisions jointly or severally (individually).
Broadly yes it is a case of 1. Create 2.register with Office of Public Guardian 3.activate
As your DM still has mental capacity, now is the time to check whether the current version still serves her needs or whether she’d rather redraw it, in light of the siblings non involvement. Get whichever version properly registered.
Normally to activate the POA with banks, utilities etc you would send them an original or certified copy, sometimes they will want your ID too. Post offices will certify documents for a fee if you don’t have any registered professional types handy.

Comefromaway · 07/05/2021 15:05

It's incredbly useful.

My parents have POA for a family friend. She still has capacity for most decisions but doesn't understand implications sometimes eg catalogue debts.

When you activate a LPOA you don't use it for every decision necessarily. The guidance notes state that a person may have capacity for some things but not others or capacity might come and go. Old peole still have the right to make bad financial decisions eg my parents old friend has every right to fritter her money away on catalogue clothes but they stop her ordering on credit as she doesn't understand that she hasn't paid on her debit card.

It's your responsibility to ensure you carry out the persons wishes and don't take things out of their hands when they are capable of making decisions.

Musicaltheatremum · 07/05/2021 14:57

I think if you phone the public guardian office they will help you. Just explain to your mum that the bank's won't let you help her if you don't have this. Takes a few weeks to register. My parents are fit and well in late 80s...dad still used to go to the gym until lockdown!!! He's 89. They registered them for our ease of helping them if needed.

CMOTDibbler · 07/05/2021 14:41

When I invoked my financial POA for my mum, I phoned the POA team for her bank and they were incredibly helpful - I needed to send them the certified copy of the POA and then I got a card and cheque book as 'CMOT, Attorney of MumCMOT' within 2 weeks. If you have an account with the same bank already it is easier as they have all the information to identify you.
If your sibling is difficult, it is even more important that you have all the finances totally transparent as you never know when they will kick off

Zolrets · 07/05/2021 14:40

Confused and I’m not a bit sun (typo) I am a bit dim! Damn you autocorrect!

OP posts:
Zolrets · 07/05/2021 14:39

Thanks @Musicaltheatremum. I should have said, they set up both financial and health. It’s the financial one I’m interested in. There is a section on the document to be stamped by the public guardian and that is blank so I’m guessing it is not registered? Are there 3 steps here? 1) create 2) register 3) activate? I feel like I’m being a bit sun. The local carers association even did a zoom on this and I still don’t have it clear in my head.

The card sounds useful, again, I didn’t know about that. Thanks you.

OP posts:
Zolrets · 07/05/2021 14:35

@Youdontknowwhatyoureonabout thanks - I think my mum is similar to your father in law. She’s not just immobile, she’s in pain and it’s all just too much for her to start doing stuff now that my dad did.

@Smartiepants79 the details on setting it up allude me! I don’t want to bully her in to things she isn’t ready for so I want, even if I don’t need, her full consent.

OP posts:
Musicaltheatremum · 07/05/2021 14:30

Financial poa active immediately. Welfare only when they lose capacity. Us the poa registered with the public guardian? If so contact the banks and arrange to send copies. You should get your own card as attorney for her account and keep records to show when you use it.
My partner has poa for his parents and now manages all their finances but should be transparent so noone tries to accuse you of taking money from her. Some places will accept your word for it but legally they shouldn't.

So yes they are very useful.

Smartiepants79 · 07/05/2021 14:25

In my experience, yes.
Watching the hoops my mum has to jump through when dealing with my grandparents affairs and finances and that’s with full POA and cooperation from my grandmother.
If the power of attorney already exists does your mum actually need to be involved? I’ve not had to do it myself so not sure how it works....

Youdontknowwhatyoureonabout · 07/05/2021 14:15

DH had POA for FIL who had all his faculties. It was helpful just to be able to contact banks, sky etc when it all got too much for FIL to bother with.
It also meant that when FIL ended up in hospital after a fall, DH was able to fully discuss things with the medical team.

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