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Lasting Power of Attorney

4 replies

kikilo · 05/02/2020 17:07

Elderly DM made and registered a LPA for property and finance, back in 2013, DB and I are the named joint and severally attorneys. We have the stamped original copy. There are no restrictions.
DM still has her full mental capacity, however following several bouts of ill health she really can't be bothered to do financial stuff, she says she is just too tired and wants us to take over all her financials and start looking at nursing homes as she 'likes the idea of an all inclusive lifestyle'! For this she would need to sell her house, which she is happy to do, but again doesn't want to get involved.
My question is as she still has capacity can we do this with the documents we have or do we need to get her to do something more? She has multiple financial arrangements so we have our work cut out. The information I have (quickly) searched online seems to contradict itself. Can anyone help?
Thanks for reading.

OP posts:
HappyHammy · 05/02/2020 20:17

If you look at the poa paperwork there should be a section to sign if someone has capacity but wants the attorneys to act now. I would look at the office of the public guardian site which will tell you what powers an LPA gives you. You can also ring them. Is she going to ask you to arrange poa for her health and welfare if she does lose capacity. She can also arrange for you to have 3rd party access to her bank accounts. I would suggest you and she have a quick chat with her bank if shes able.

kikilo · 05/02/2020 20:33

@HappyHammy, thank you. Will check the paperwork, re the 'act now' bit, all I can remember off the top of my head is that there are no restrictions. Have looked at 3rd party access for her (numerous) bank accounts and that seems reasonably straight forward, it's the stocks/shares and bonds etc, that are causing concern. One broker wanted the original copy of the LPA sent to them and they would look into it, and it could take up to 20 working days.....She has several brokers so that could take a while!

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HappyHammy · 05/02/2020 20:44

I know what youre going through! How about seeing a totally independent financial consultant to see if all her money and assets can be put together in simple terms. A solicitor will do it but charge a lot. Do you know any good accountants. If she has several bank accounts maybe they could all be consolidated into one account. Thats what we did.

kikilo · 05/02/2020 21:23

@HappyHammy. I am actually happy she has decided to do this now whilst she has her wits about her, as it would be a nightmare trying to sift through all of it without significant helpful input from her! She just wants to tell us what's what and where and leave us to sort it, she says she is so tired and wants it all handed over to us.... I have an excellent accountant who I will speak to. Thank you for your help.

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