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Elderly parents

Power of attorney question

17 replies

Orangesandlemons77 · 16/05/2024 20:19

I'm asking DH to be my attorney, in future can he be his mothers as well? Thanks

OP posts:
Lougle · 16/05/2024 20:20

Yes, I'm attorney for my DH, DM, DF, and a friend.

PermanentTemporary · 16/05/2024 20:32

Yes, there's no legal limit.

Orangesandlemons77 · 16/05/2024 20:54

PermanentTemporary · 16/05/2024 20:32

Yes, there's no legal limit.

Great, I hoped so. Thanks

OP posts:
Orangesandlemons77 · 16/05/2024 20:55

Lougle · 16/05/2024 20:20

Yes, I'm attorney for my DH, DM, DF, and a friend.

Thanks

OP posts:
Orangesandlemons77 · 16/05/2024 20:57

I have another question, when it has been approved should you give a copy to the GP? Thanks

OP posts:
EmotionalBlackmail · 16/05/2024 21:00

Yes, I've got four!

It's worth having a think about practicalities should you end up having to act on all of them at the same time. Mine are likely to be in three batches judging by how it's going so far.

Also have a think about whether having someone in the same generation is sensible or whether going down a generation would be better. Obviously dependent on whether the younger generation is over 18 though!

Lougle · 16/05/2024 21:01

Orangesandlemons77 · 16/05/2024 20:57

I have another question, when it has been approved should you give a copy to the GP? Thanks

No need. You have to have capacity to make an LPA, and the health LPA can't be used until you lack capacity. At that point you can hand it over.

SheilaFentiman · 16/05/2024 21:04

Lougle is right, but you can also ask a GP to share certain information with named people prior to lack of capacity eg my mum doesn’t always catch things on the phone so she has given authority for us to call up for test results. This might be helpful.

Orangesandlemons77 · 16/05/2024 21:09

EmotionalBlackmail · 16/05/2024 21:00

Yes, I've got four!

It's worth having a think about practicalities should you end up having to act on all of them at the same time. Mine are likely to be in three batches judging by how it's going so far.

Also have a think about whether having someone in the same generation is sensible or whether going down a generation would be better. Obviously dependent on whether the younger generation is over 18 though!

I'm going to have DH and then DS (19) as the other one if the first one can't just in case. Just in case for years in the future.

Gosh 4 is quite a lot. Have any of them made advance decisions about what they want in order to help?

OP posts:
Orangesandlemons77 · 16/05/2024 21:11

Lougle · 16/05/2024 21:01

No need. You have to have capacity to make an LPA, and the health LPA can't be used until you lack capacity. At that point you can hand it over.

I do have some cognitive impairment so it might be good if they could talk to them sometimes. I don't want them just going to DH though. Tricky

OP posts:
SheilaFentiman · 16/05/2024 21:28

Orangesandlemons77 · 16/05/2024 21:09

I'm going to have DH and then DS (19) as the other one if the first one can't just in case. Just in case for years in the future.

Gosh 4 is quite a lot. Have any of them made advance decisions about what they want in order to help?

You should be clear in the POA if the attorneys have to agree to act or if each can act independently.

NoBinturongsHereMate · 16/05/2024 22:07

Giving doctors permission to share information doesn't require PoA. That's only if they are actually making decisions for you. So you can you'd like the to give information to your DH as well as you, but it wouldn't be instead of talking to you.

EmotionalBlackmail · 16/05/2024 22:39

Of the four two are activated and one is very actively in use. But I know what those people would want as we had very deliberate conversations whilst getting set up.

I've got a reasonably good idea for one and know them very well.

The fourth not much idea at all!

AstronomyDomine · 17/05/2024 12:35

Lougle · 16/05/2024 21:01

No need. You have to have capacity to make an LPA, and the health LPA can't be used until you lack capacity. At that point you can hand it over.

I have both finance and health LPAs for my DM. She still has capacity but my LPAs are active - you check the box where you don't have to wait for incapacity. You have 'power' as soon as it's registered.

MereDintofPandiculation · 17/05/2024 22:11

NoBinturongsHereMate · 16/05/2024 22:07

Giving doctors permission to share information doesn't require PoA. That's only if they are actually making decisions for you. So you can you'd like the to give information to your DH as well as you, but it wouldn't be instead of talking to you.

Edited

You can do this just by writing a letter to the GP saying they can share info with your DH.

MereDintofPandiculation · 17/05/2024 22:13

AstronomyDomine · 17/05/2024 12:35

I have both finance and health LPAs for my DM. She still has capacity but my LPAs are active - you check the box where you don't have to wait for incapacity. You have 'power' as soon as it's registered.

That applies only to the Finance one. There’s no provision for the Health one to be used before the donor has lost capacity

AstronomyDomine · 18/05/2024 10:40

MereDintofPandiculation · 17/05/2024 22:13

That applies only to the Finance one. There’s no provision for the Health one to be used before the donor has lost capacity

Yes, you're quite right.
When my POAs were first registered DM's capacity was significantly diminished and I worked with everyone in the health arena on her behalf - carers at the home, hospital, GP, opticians, dentist etc
Since then her meds have worked so well; she's very lucid even though her memory's dodgy at best sometimes.
The medics still talk to me about her needs so I mistakenly tied it in with the Finance POA. Apologies for any confusions.

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