Lasting power of attorney

Hi All

Sorry another post/question

This is something mum and I would like to get in place for dad

By this Friday I intend on having an advance care plan in place with a DRO order for dad, I have an appointment with their GP on Friday to finalise this!

But.....the LPA, is it worth doing?

Have you any experience or advice on them please?

Thank you in advance x

19 Replies

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  • Hi Satt2015

    IMHO it is essential.

    There are two LPA's

    One covers property and finance and the other Health and Welfare.

    Health could be covered under an Advance Directive alone (google). They are easy to do and are free and you can write them yourselves with no formality whatsoever.

    If you want a 'Do not resuscitate' notice (You are not obliged to use it) I would get one from your G.P all signed up by them together with an Advance Directive or as well as putting that in the AD as well.

    An Advance Directive solely governs medical treatment and it is not as legally robust as an LPA. One of its drawbacks is that you have to specify specific conditions and the treatment you do not want. PSP is not enough. You cannot specify preferred treatments for a condition. For example you might specify pneumonia and the fact you do not want antibiotics. You might also specify swallowing difficulties and that you don't want a PEG. However each has to be specified. You can have DNR in there too. Though it would be a brave doctor who acted on that merely on an Advance Directive. Though legally they should. (Hence the GP certificate. We have ours in an envelope by the front door clearly labelled inn large letters. Ambulance crews and medics look out for them

    An LPA allows the nominated Attorney(s) to take on all of the powers the loved one would have had themselves, when they no longer have capacity to make those decisions themselves. The Property and Affairs one for, well, property, affairs, banking etc. (You can run their bank account ion their behalf).

    And the Health and Welfare LPA allows the Attorney(s) to make decisions around possible treatment as well as where they live and what care and by whom they get it. e.g. Everything around home hospital, care and life choices.

    You and your other might want to sit down and discus scenarios for each group and what might happen or go wrong and how you would deal with it without having LPAs'

    The forms are very well written and encourage you to address all of the necessary areas. You can complete them yourselves. It just takes time and thought. The forms lead you through the process (Far easier than a Tax Return!) I think the fee is about £120.00 for each. (Two fees).

    There is a telephone number to a help line and we found they answered quickly and were very clear and helpful in their comments.

    One thing to be aware of. If you only appoint one attorney and they die then the LPA lapses. If that attorney is not available (both of you get hit by the same bus and both unconscious) then it is of no value. We appointed two attorneys with the powers of Joint and Several (it explains all this on the form) That means either one of us or both can make decisions independently or together.

    We both feel much more comfortable having put these in place.

    I hope this is helpful. Just my take others might have different views.

    Best

    Kevin

  • Here are the forms with good supporting info:

    gov.uk/power-of-attorney/ma...

  • Wow Kevin

    Thank you!!

    I can't quite take that all in at the moment but I will tomorrow

    Hugest thanks from the bottom of my heart x

  • You are most welcome.

    I have had so much help from folk here over the last three years... Just reading a barely posting.

    Time for me to give a little back.

    Wishing you the best

    Warmly

    Kevin

  • Well written Kevin! Thank you.

    Lots of love

    Heady

  • Thank you. :)

  • MY AUNT GAVE ME AND MY SON LPA BEFORE WE MOVED TO FRANCE AND SHE IS NOW IN A CARE FACILITY AND IS COMPLETELY DEMENTED SO MY SON HAS THE RESPONSIBILITY OF HANDLING HER MONETRY AFFAIRS WICH HE IS VERY HAPPY TO DO

  • Yes we put EPOA in place about 3 years ago. We had to get a separate lawyer for Dale. It is important as we had to make decisions regarding financial and health. Dale wasn't able to sign in the last year. So get it in place ASAP

  • Omg Gill

    Does dad need to able to sign??

    I suppose yes is the obvious answer?!

    He won't be able too 😓

  • Sorry to keep butting in.

    In the U.K. he has to have capacity to sign. The signature can be a mere mark.

  • Don't apologise

    Your input is absolutely invaluable Kevin

    Thx u ❤️

  • Mum just made a mark in hers. She hadn't been able to write for a few years now.

  • Hi you Need to get to your lawyer and they will advise. Luckily for us we had it under control early in the piece. Actually at that stage Dale was diagnosed with Lewys Bodies. So we needed to make sure that we had control. It took another 6 months before we knew he had PSP. So I was pleased we could make decisions that were best for him It's a tough you have to travel. It sounds like your Dad is very lucky to have such a loving family. Interestingly enough I am new to this forum but it seems that everyone cares so much for their loved one. It is inspiring

  • Bless you Gill

    Thx u X

  • Yes, very important to get both (Health and Welfare and Property and Finance) as Kevin has described. We got them 18 months ago. D also has a DNR and an Advance Care Plan. Not at all difficult to do but LPAs did cost £120 to register. We have two attorneys in case either is not able to do it.

    V

  • Totally agree with the comprehensive post from Kevin. There is one thing to do at the same time it is to make wills for both of you. The reason is that the POAs lapse on death and so do all accesses. It may be worth setting up a joint bank account if you have not one already, it will give you access to funds.

    Best wishes Tim

  • Hi Satt, Kevin is spot on! I have both Health and finance in place for S. I am also POA for my Mum. It's extremely easy to do, so no need for Solicitors fees. Unless doctors say your Dad has not got capacity.

    Lots of love

    Heady

  • Thx u heady

    Another one of the never ending jobs to sort x

  • Yes it is and your Dad is so lucky to have such a loving family . That gets you all through this x

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