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Elderly parents

All I want for Christmas is ... Power of Attorney sorted

92 replies

Mum5net · 18/12/2023 15:10

For those whose DParents haven't signed POA , Christmas might be a 'window of opportunity' to have the dreaded discussion and suggest that EVERYONE, daughters and sons included, all do their respective POAs in 2024.

Don't spoil your Xmas because of it, but if your elderly parents shows willing, make it a New Year's resolution. An understanding that they will help file the paperwork at the start of 2024 would be a mammoth Xmas present to everyone. Some parents may give grudging approval. Some won't.

DF and DM were rigidly in the camp that said they would never need POA; nothing would happen to them. It's now 8.5yrs since DF died; 13 months since DM. While DM was in hospital under section (out of control dementia), DF had an accident at home which resulted him being in a coma for five days until he passed. DM's care decisions were therefore taken by her local Social Work team until we went through the courts and got Guardianship. She subsequently spent over 8 years in care homes... From June 2015, every financial transaction on behalf of my DM had to be receipted and recorded without fail and audited via the Guardianship/ probate process. We are hoping for probate to be granted in January 2024.

DH and I did our own POAs in 2015.
Looking back POA would have saved so much effort and so many posts on this forum ...

OP posts:
floofbag · 20/12/2023 11:05

Yep . It's been the only saving grace in the last year that we had it ..

My mum has dementia and I have full control of her finances and affairs .

It's made a horrid situation a little easier .

We are currently dealing with it for my aunt in the same situation medically but no children or poa in place and gaining 'deputyship ' and sorting her care and getting the LA to sub us retrospectively is a nightmare..

Mum5net · 20/12/2023 11:02

@SeaToSki and @Daisymay2 you have both prompted me to have the discussion with my 20 something DC, too. Thank you.

OP posts:
Mum5net · 20/12/2023 10:58

@StandByMode My father's assets are considerable, and we have qualified for extra special watching from the OPG based on this alone. And of course, considerable assets often involve considerable costs and associated maintenance, all of which has to be recorded.
While it's good that his assets are considerable, I don't envy the extra special watching. I would find that a nightmare every February! I never ever got DM's to balance perfectly in eight years and always got a pencil corrected copy back showing my mistakes, although the staff member who corrected them was helpful!

OP posts:
SeaToSki · 20/12/2023 10:09

My parents and in laws have them. DH and I have them, my 20 ish yr old DC have them. You never know when you are going to be ‘hit by a bus’ and might be in a coma for weeks. Having the LPAs makes everything SO much easier for everyone trying to handle things whilst having a loved one in a mess health wise. The standard advice is to go up or down a generation when designating the ‘attorneys’ as they are less likely to be with you if there is an accident and less likely to be facing similar age related health challenges at the same time. This was the advice that persuaded my elderly in laws to change from having each other as LPAs to having us as them

Iwouldlikesomecake · 20/12/2023 10:07

You need to do one for each other unless you are happy that in the event of one of you becoming incapacitated, your children will be the next in line people to make decisions.

So you could be incapacitated but your husband is well, however the POA is controlled by your children if he isn’t named on it for you.

After dad went into care this year and I’m not certain we will be able to get PoA for him and might have to go down the COP route, we are doing mum’s, mine and my husband’s ASAP. We are early 40s. You never know what is going to happen.

Lougle · 20/12/2023 10:06

Roystonv · 20/12/2023 09:58

Sorry, not understanding spouses doing one for each other? We are in process of doing with dd and ds at attorneys for us both - just need to get the money together. Words of one syllable please! Many thanks.

One example: If you have sole accounts, then you can only access that account with authority. LPA would allow you to access the money and pay necessary bills on their behalf.

Roystonv · 20/12/2023 09:58

Sorry, not understanding spouses doing one for each other? We are in process of doing with dd and ds at attorneys for us both - just need to get the money together. Words of one syllable please! Many thanks.

Lougle · 20/12/2023 09:56

Yes, this is so important. I have POA for both my parents and my husband, and a friend who asked me to jointly be her attorney with another friend.

DD1 has just turned 18 and has LDs, so we have to do her LPA forms soon (she has been assessed as having enough capacity to instruct an attorney to help her with her money, but not enough to manage her own money).

The forms are so simple and they even have a signature order checker, so you shouldn't go wrong.

MereDintofPandiculation · 20/12/2023 09:51

ChocoChocoLatte · 19/12/2023 22:41

Please please tell me where. Life limiting illness forces us to put one in place but the £550 quoted by solicitors isn’t currently achievable!

You can do it yourself. Everything you need is linkable from here. There’s a reduced fee for registration if you’re on a very low income. Make sure you download the guide from the page where you download the forms - it’s very good

Make, register or end a lasting power of attorney

How to make a lasting power of attorney (LPA): starting an application online, choosing an attorney, certifying a copy, changing an LPA.

https://www.gov.uk/power-of-attorney

MereDintofPandiculation · 20/12/2023 09:47

NetZeroZealot · 19/12/2023 18:39

Should spouses need to do POAs for each other?

Yes, definitely. You can’t assume that a spouse will be the best person to ensure your wishes are carried out. You also want to be sure that at least one of your attorneys will outlive you, so it’s sensible to add a DC or a niece or nephew.

WhichOneGoes · 20/12/2023 01:24

It's not always a difficult discussion. My parents did theirs happily at the same time they updated their wills. It often gives people peace of mind once it's done.

Mum5net · 20/12/2023 00:24

TheShellBeach · 19/12/2023 21:10

It really isn't so easy in Scotland.

In Scotland you need a solicitor. I think DH and I were about £500 in 2015 for two x straightforward POAs each. In the same year, DM's Guardianship bill qualified for £1200 in Legal Aid, although also needed a contribution from her of £1000, once we gained access to her funds.

It is, however, worth its weight in gold. When you don't have it you suddenly know its worth...

OP posts:
Atishooooo · 19/12/2023 22:54

EmmaEmerald · 19/12/2023 19:00

You don't have to use a solicitor. It is £82 each if you use the government forms.

https://www.gov.uk/power-of-attorney

£82 for health and £82 for financial, for each person - ie £328 for a couple.

Daisymay2 · 19/12/2023 22:50

It’s not only the elderly. I have asked both DS to do theirs on line over Christmas. Both cycle a lot and DS1 has a motorcycle. I might be going over the top, but had problems with DFs care with an old style POA so want to be certain should the worse happen. Need to nag DS2 about his Will as well.

ChocoChocoLatte · 19/12/2023 22:41

Please please tell me where. Life limiting illness forces us to put one in place but the £550 quoted by solicitors isn’t currently achievable!

QueefofSheena · 19/12/2023 22:19

We are about to do ours when DS turns 18 so he can be the second attorney in each case. He's a sensible soul. I used to have POA for my mother but she had me removed as 'punishment' for going on holiday 🙄 (she's a total narc). She's now at the mercy of other family members as she has serious health issues and higher needs. I went LC years ago for the sake of my mental health. She'll probably end up miserable in the cheapest home not of her choosing as the others are all merely concerned about cost. There's a cautionary tale.

TheShellBeach · 19/12/2023 21:10

tokesqueen · 19/12/2023 20:20

£80 online. Just done ours. Dead easy.

It really isn't so easy in Scotland.

tokesqueen · 19/12/2023 20:20

ChocoChocoLatte · 19/12/2023 18:57

Just been quoted £550 for mine. It'll need to wait.

£80 online. Just done ours. Dead easy.

Wolvesart · 19/12/2023 19:28

My late parents set up their LPAs when my father retired over 30 years ago. They were so sensible. The old fashioned LPAs could be used even before activation with certified copies and guidance from the solicitor.

Toddlerteaplease · 19/12/2023 19:20

Trying to get my parents to get this sorted!

Mum5net · 19/12/2023 19:17

Soontobe60 · 19/12/2023 18:49

I have guardianship for my stepfather. I had to complete an initial financial assessment, then complete one annually accompanied by a year’s worth of bank statements and care home invoices. It’s not onerous.

...Well it can be if you have to clear out, then rent, your DM's home to meet the monthly care home bills; deal with the ever changing tenants, and also have to re-home your DM when her care home is force closed with only 21 days' notice by the Care Commission ...

OP posts:
olderbutwiser · 19/12/2023 19:13

We did ours as a way of encouraging PIL to do theirs, but we now need to change so our kids have POA for us if the other of us can no longer make decisions. Will spring it on them this Christmas.

StandByMode · 19/12/2023 19:12

And I should add, it took me a full ten months to gain Deputyship, the costs of which are still being assessed by the COP. I used a solicitor who was excellent (very happy to recommend her by pm) and that did make it hassle free.

COP rarely awards health and care deputyships btw for elderly people. They retain that part and just deputize you for property and finances.

StandByMode · 19/12/2023 19:09

@Soontobe60 to be fair, how onerous it is depends hugely in the size of the assets that are being managed. My father's assets are considerable, and we have qualified for extra special watching from the OPG based on this alone. And of course, considerable assets often involve considerable costs and associated maintenance, all of which has to be recorded.

Trust me, my task, 2 and a half years into it, is huge and time consuming...

ohtowinthelottery · 19/12/2023 19:07

My parents never did theirs. I found the partially completed forms amongst some paperwork after DF died. He'd never mentioned it to me or my siblings either.
DH and I thought about doing ours last year giving POA to each other plus adult DS as an additional/alternative attorney. We didn't get around to it although we did redo our wills.
It will definitely be on the list for 2024.