Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Power of attorney

3 replies

Podgedodge · 28/01/2025 07:38

My sister in law is having palliative care at home following cancer.She was the carer for my 87 year old mother in law. She had POA for MIL, but obviously cannot execute that at the moment. Bills etc have been paid by SO ( I hope, MIL not quite sure). Now SILs car tax/ insurance due but she will never use car again. It is on a drive in front of MILs house.
I am sole beneficiary named in SILs will, which she sent me a copy of a couple of years ago. I have no idea if there will be any estate to inherit. As far as I know she is MILs beneficiary as I’m fairly sure MIL has never updated her will made decades ago. Obviously it was assumed SIL would outlive MIL, she is only 50ish.
the whole situation is very sad, there is no other close family at all, and I live several hours away from them, with them in England and me in Scotland.
I assume the best thing in at least the short term is for me to get POA for MIL. She still has mental capacity although is less sharp than before, but is physically incapable of leaving the house without a great deal of support and as far as I can gather has not left the house beyond stepping into the garden for several years.
I am on very good terms with her, we speak every day on the phone, but my life and job and other family are obviously very far away from her physically. I work full time in a very demanding job. My DH died several years ago.
I am at a bit of a loss as to where to begin to know what is the best thing to do for all concerned at this horrible time. My SIL is losing mental capacity very quickly and is very ill physically, with the palliative care consisting of very strong pain relieving medication. She is eating very very little and is unlikely to be with us much longer.
I do not want to wait till the worst happens and everything has to be done in a panic, but neither do I know the first steps I should take, if any, now. Again as far as I know, the house is solely in MILs name since she was widowed a few years ago.
Can anyone give any suggestions as to how I start unpicking this?
TIA

OP posts:
MarieG10 · 28/01/2025 07:48

I'm sure some legal Wizz will be be along shortly. I do have some experience though.

SIL. Ideally you or someone should already have POA. Sadly it doesn't sound like she has long so will prob be academic. POA take months to process (Covid apparently despite now being 5 years on). I do hear that on occasions the OPG will process them quickly but is there much benefit? As you are the beneficiary (who is executor) has she done what I call a death list, which is all practical info. Ie insurance policies, house utility suppliers, bank accounts etc??

Now the MIL. If she wants to give POA then you must get this started asap. Solicitors or other professionals charge a lot. If it is simple you can do yourself but if there is an error, months down the line they may reject it. It does take months (mine 6 months but may have improved recently). There is nothing worse than someone who is incapable, particularly mentally and no POA as it is then the court of protection.

Also, please get her to do a death list if it will all fall to you.

What is never going to be reconcilable is the distance. Trying to manage an elderly or ill persons affairs from afar is not easy

Good luck

Podgedodge · 28/01/2025 10:46

Thank you. SILs decline has been very rapid she only went into hospital and found out about cancer end of November and treatment withdrawn last week, so no one had even thought about POA. The executor is the company that drew up the will. I doubt very much there is a death list, for either her or MIL.
it’s not the sort of thing we ever talked about.
Thank you so much for your advice, I suppose I’m going to have to go there and start to sift through papers. I was hoping to go in a couple of weeks when work will be off for a week, but things are moving incredibly quickly.

OP posts:
Gall10 · 28/01/2025 10:53

I have no advice but I’m sorry to hear of your sisters illness.
I hope you and your mum can be strong.

New posts on this thread. Refresh page