Hang on…there’s a massive difference between a LPOA and specifically agreeing to be someone carers or taking it on by default
. The two are not connected unless the LPOA stipulates the attorneys is also the main carer. And you can always refuse to be the attorney if someone had written such a daft thing into their LPOA . most LPOA say no such thing, and a solicitor would never allow such a thing to be written
An attorney is there to make DECISIONS on behalf of the person ONLY. and those decisions are defined in scope by the document and the,
lasting powers given.
my dad has dementia now, eldest brother is both his “nearest relative” under mental health act and his Attorney for both his health and financial LPOA. we siblings have all been very clear with social services, nhs etc that NONE of us are his carers. We all have other responsibilities that make that impossible. As do our locations. We visit regularly. We have refined a process to record his issues, health etc on a log we share so we can all see who is dealing with what, what’s happened, and how dad was at recent visit. We share WhatsApp for issues that arise. We track meds, we dial into review meetings on care plan etc. . We make the decisions about his care (we visit care homes etc) and my elsdest sibling does the formal legal signing off on these decisions and moving dad’s money as needed . But none of us provide hands on care. He and the local authority pay for that.
I WAS deemed carer for my exh who had severe and enduring mental health illness for last 20 years of our marriage. The one lesson I learnt eventually, was to be VERY clear with social services and mental health teams that I was NOT his full time carer. I was mum to our two kids, only breadwinner and looked after exh as a wife but I was NOT a trained CPN or mental health worker. I should have made that point a lot sooner in his diagnostic journey. Took me a long time to realise I was just dumped on. After divorce, I said to both our dc to NEVER accept role of carer for their dad, to keep his care plan, psychiatric visits etc at arms length. Yep they have LPOA if needed (eg if he’s ever sectioned). But they’re bright enough to have seen first hand the huge toll that took on me being defaulted as carer. You have to keep a distance and state this agian and agin to service providers. The sad truth is that 50% of people caring for someone with mental health issues develops mental health issues themselves- I managed 20 years but in the end I divorced under safeguarding issues and still deal with mental health issues as a result.
so it is nowt to do with POA, it is default stance that social services, nhs etc would like to do- to offload care responsisiblty to the mug of a unsuspecting relative that is guilt tripped into caring. It doesn’t make sense financially either, as that person in turn will most likely end up needing services themselves
NEVER advise someone not to do a LPOA. This is irresponsible
The problems it causes when you haven’t legally defined who can make decisions on your behalf are both enormous and costly. It costs around £500 a year for instance to pay to OfG for “deputy” (as its now called) as the deputy has to provide annual reports etc. it is a complete pain, as well as the poor deputy not really having any clear mandates over the wishes of the person they are deputising.