Power of attorney

[giantpurplepeopleeater]

Have just been reading another thread (sorry this is not thread about a thread!!) which got me thinking about Power of Attorney.

My nan (84) is unwell at the moment and my Dad is considering power of attorney. However she is dead against it. She does still have all of her faculties, but we are all very worried about how long this will be for as she is already showing signs of not being able to make decisions/ look after herself.

So my question is, is it possible to get a Power of Attorney for her now, but not use it until we think she needs the help?

If we put it to her this way I think she might be persuaded - i.e. lets do it now, but have the conversation about actually using it closer to to the time/ put it into practice when necessary.

So is this something we can do if she agrees?

You can if she agrees - she would not be signing away her rights if she granted PoA now. Have a look at the Office of the Public Guardian website for basic info www.publicguardian.gov.uk .

Thank you! Very heplful

Emsyj - link is very useful. Some information I can share with Dad and Nan.

One other question though that I can't see covered - if you can put restrictions/ conditions about what powers can be used in a lasting power of attorney, can you also put restrictions about when the POA can come into force?

Sorry - that maybe quite technical but does anyone know?

Yes, we have got POAS for our parents which would only come into force when/if they are no longer compos mentis

"Lasting Power of Attorney - we did have them all drawn up by a solicitor. Your Nan will have to sign and be able to understand what she is signing.

there are 2 types of poa

finance and affairs and health and welfare

both you can get now if she gives consent. the finance one can be used immediately or you can wait until she loses capacity to make decisions and then you get it registered so you can then use it. the welfare one can only be used once she has lost capacity. For either POA your nan can make specific stipulations depending on the circs.

if she loses capacity without a POA you have to get a deputyship - much harder and more costly

It comes into effect when the person loses the capacity to make the decisions for themselves.

Thanks for that everyone - really really helpful.

Off to discuss with my parents!

Restrictions on Lasting Powers of Attorney are dangerous.
However, the Health and Welfare LPA CANNOT be used unless the person has lost the ability to make decisions.
The Property and Finance LPA can (easily) be set up so that the attorneys have NO AUTHORITY until or unless the person has lost the ability to make decisions. However, as many people go in and out of the ability to make decisions, this can mean decisions are delayed interminably.
BUT every decision made under an LPA should be discussed with the person unless the person is incapable of understanding and making their views known -assure- which may reassure your nan.
Back to restrictions - the Court are very restrictive about how they are written and are highly likely to delete any they don't like, so avoid restrictions if possible and if you must have them stick to simple ones!
There is a Solicitors for the Elderly video on LPAs on www.LPAUK.com