How do we sort out power of attorney?

[kasbah72]

I would really appreciate some advice.

My fil had a stroke that affected his right side 6/7 months ago. He can't really speak, is wheelchair bound and has many associated health issues including dysphasia and apraxia which means that some brain connections/actions are working and some aren't. This has left him with learning and communication difficulties.

For various reasons (mostly to do with the PCT investigating the fact that medical negligence might be the main catalyst for the stroke), we are being asked to show evidence of Power of Attorney to access the medical records etc. At the moment, we don't have a financial need for power of attorney as their accounts are joint. I can definitely see this being an issue in the future, however, if they want/need to sell their property.

How do we go about getting power of attorney for my mil? He is learning to sign his name with his left hand and, at times, is absolutely aware and responsive to direct questions. However, this isn't consistent and so I don't know if that would be enough to legally get his permission.

I would really appreciate it if someone could help us understand the procedure and also where to go to get this sorted out.

Many thanks

I would get professional advice. We sorted out my GM's through a solicitor and still had problems because it wasn't witnessed properly - it was declared invalid when the time came that we needed to use it. I guess what i am saying is make sure it is done properly down to the last detail and general advice threads, whilst helpful can't do this for you.

Thanks. I literally had no idea where to start!

Ok, so we need to get a solicitor? Where should I go to find a suitable solicitor? Do I just do a local web search?

I am sorry to sound so ignorant but none of us have ever had to do anything like this before and just don't have a clue what we are trying to do.

Thanks

When we looked for a solicitor we looked at those who belong to Solicitors for the Elderly. It takes time as once the documents have been sent for registration there is a 13 week delay before it takes effect - see the details here.

Thank you, that is really helpful. I phoned the Stroke Association and they also gave me the phone details of the Office of the Public Guardian who explained their procedure. Sounds like he will be assigned a deputy from the Court of Protection if a doctor feels he doesn't have the mental capacity to understand the implications of a power of attorney. She is sending the forms through and we will speak to his gp.

I will definitely go to those solicitors when further down the track.
Thanks

some useful info

My mother is sorting it all out for herself right now as she is in full health but slowing down & doesn't want to be left needing POA back up and cause us more grief (her words) She trusts us (my sis & I ) to know and understand her wishes on most things.

kasbah - sorry you're going through this. My DH had the forethought to get POA set up for his mum when his dad died; now, several years later she's incapacitated by stroke so he was able to get it activated this year. (the system when he set it up was simpler - he's very glad he had it in place)

The Court of Protection should really only be needed if your FIL is very much unable to understand, make a decision and communicate it (don't think it even has to be verbally or consistently). My MIL is sometimes confused, occasionally aphasic and totally physically unable to write, but she is still on a 'good day' able to understand and make her wishes known e.g whether to sell or rent out her house, so we don't need the added complication of the CofP.

Bossybritches - if you haven't already, thank your mum! You may never need it but if you do, it makes a difficult time just that bit easier. Even with the POA, some of the banks can be quite difficult... if any of you have elderly relatives with accounts at e.g Santander, they'll be doing you a huge favour if they switch them while they're able.

Kasbah - don't just get POA set up for your MIL to take care of your FILs affairs - try to get POA for her in place (not activated) so that if anything happens to your MIL too, your DH can manage things.

Thank you so much, some really useful information. Yes, I can now see that we need to get something sorted out for my mil, too. We were talking about it all again last night and I think we will get it done for each other as well. It is so scary being thrown in to a situation and feeling so ignorant.

Thanks again and sorry to hear that others are going through this.

Please get this and wills done properly. You are being very sensible to sort it now. My father says he put 3 children through private school on the back of people not doing it well and disputing it later to give you some idea of the financial fallout and that's without the time and emotion involved.

My parents already have POA in place and my mother is trying to work out how to convince my aunt to set it up as she has no husband or children and the idea of something happening to incapacitate her is terrifying as we wouldn't know where to start.