POA-who should it be?

[POAPITA]

Name changed for this.

Parent has full capacity. Physically disabled but is relatively independent but needs support and has a carer. Various health conditions but nothing serious or life threatening. In their 80s.

4 adult children:

1 works full time, married, has own health difficulties, adult children. Lives 6 miles away. Sees parent twice a month or so. Rings once a week sometimes less. No medical knowledge or awareness of parental finances.

2 works full time, married, spouse has several physical health problems and is awaiting surgery. Phones a few times a week. Regularly visits to do DIY type jobs, takes parent out for lunch/dinner about every 4-6 weeks. Lives 100 miles away. No knowledge of medical or financial situation.

1. Works full time, young adult child. Married. Phones weekly or so. Visits a few times a year. Last visited in the spring. Lives 200 miles away. No knowledge of medical or financial situation.

4 Full time carer for parent. Primary and teenage children, visits daily for general household tasks like cooking, cleaning, laundry, and phones twice a day or more for emotional and sometimes financial or practical support. Handles day to day finances. Attends medical appointments with parent, liaises with healthcare professionals and has healthcare background. Lives within walking distance. First port of call for support.

Who is best placed to have POA?

Lol that will mean that they get no choice in nursing/residential care homes if required and that the family will have to apply to the court of protection to access money to pay bills etc which takes time and lots of cash

1 and 2 will be cursing. No one has thought of any of the points raised on here.

Whoever she puts down on the POA form has to sign the form, so they will be able to read exactly what she has written! It’s not a secret document.

It does indeed - but the cost of it comes from the person who’s lost capacity’s money - not the applicant. I’m currently doing this for my stepfather, the solicitor will receive payment in full once its granted and they have seen his bank statements showing that there are funds there to pay for it.

Tear the first agreement up.
The parent needs to (apologise and) ask 2 and 4 to agree to handle it jointly.
Otherwise it won't work.

From what I can gather they have just added 4's name to health and welfare. They haven't asked 4. 1 and 2 are still on for finances and h&w. Parent wants 4 to still do everything as far as day to day finances go. Surely when the time comes for POA to be needed then 1 and 2 will have to take over from 4 because 4 won't have any power to act on finances. If parent loses capacity but is still living at home and 4 continues to do the shopping, present buying, bill paying etc then wouldn't 4 have to ask 1 and 2 every time? If so, what's the point of 1 and 2 having POA? From what 4 has said 1 and 2 seem to think that they will just need to sort out the selling of the house and everything involved in that.

It can’t “just” be added it has to be signed by the person to agree that they will be an attormery

No-one seems to understand that. They just think they can add 4, get her to sign it and there be no questions raised at all. Hence 4 is of the opinion they can all sod off and leave her out if it.

Well if they send off the form without her signature on, it will just be returned so it'll never be completed if they can't come to some kind of agreement.

POA ONLY becomes effective if the person loses capacity to make decisions. Advanced dementia, in a coma, or whatever.

It doesn’t affect the day to day relationship between you 4 and the parents at all.

4 needs to walk away.

Completely.

Stop providing care. Stop being the maid.

Let them sort it out themselves. Buy in services. Leave 4 out of it.

The wine and chat was much needed. The latest and hopefully final update is that 4's uncle is taking the parent to his solicitor to sort it all out. The uncle lives in yet another direction from the parent and siblings but 4 is washing her hands of it. The uncle is a very opinionated and dogmatic person so good luck to them all as the uncle will completely take over the meeting with the solicitor and again has no idea as to the parent's needs.

Thank you to every poster on this thread for your help. 4 would be in a right pickle without the support I've been able to give thanks to you all.

This is not correct, when you set up the POA you can opt for it to be effective immediately,

They have chosen for it to be effective immediately.

POAPITA There are two completely different POAs.

The Property & Fnancial POA can be set up immediately the solicitor sends off the paperwork (and will usually give an interim certificate to provide to financial institutions and the like) but the Health & Welfare POA can only be put in place when the subject has ‘lost capacity’.

All the details are here:
www.gov.uk/power-of-attorney

A person does not have to be appointed as H&W attorney to be able to deal with medical doctors, hospitals, pharmacies on behalf of a patient, so long as the patient has given those institutions permission to speak on their behalf to that nominated person, be it a friend or a family member.

The crucial thing to note is the difference between the 2 types of POA.

It’s also worth noting that the documents at present are taking more than 8 weeks to be registered.