Power of attorney

[17052011]

Advice needed please. Mum has agreed we need to get this done as she can't write anymore and speech us getting really slurred. What type of power of attorney should I get? I've tried reading up about it but it's confusing me 😳

[Kevin_1]

Hi 17052011

Not difficult to do and so essential.

These LAPas do not come into effect until your Mum is no longer able to make decisions herself. (See Mental Capacity Act)

There are two different Powers of Attorney

1 Health and Welfare - Which allows the designated peron(s) to make all decisions on Health and where someone lives and what services they do and do not get, that the person would have made for themselves.

The Second is For Finance - This allows the designated person(s) to manage all finacial matters as the Donee would have made for themselves with regard Bank Accounts, selling properties and all of that.

Both are really needed really.

You can pa a small fortune to get sa solicitor to fill the forms in for you ot you can do them yourself.

The modern system is designed so that it is easy to do it yourself either online or by printing the forms off and doing it by hand.

I like the online version - We did it little buy little over a couple of weeks and it was easy to go back and edit... Just save toy work after every session.

They cost about £150.00 ea to register.

There is a set of notes advising you on every section and a phone number where they pick up the phone quickly and are really helpful with advice. Call as many times as you need.

Start Here:

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

We too k our time and talked a lot about things like wishes.

I would add. If your Mum wants a Do Not Resuscitate you can write than into your LPA. However your GP will give you a certificate which is trusted by Ambulance Crews and Medics alike. If your Mum wants that see your G.P.

I hope this helps.

Best wishes

Kevin

P.S. The LPA for Health and Welfare really is essential. It lets you accept or refuse clinical interventions and if your Mum is in a living situation which you feel is inappropriate it will allow you to get that changed.

[Kevin_1 in reply to Kevin_1]

Loads of typos - my apologies - its late and I am rushing... oh, for an edit button!

[NannaB in reply to Kevin_1]

There is an edit button Kevin. The little down arrow next to " like" once you have posted. I use it a lot.

Edit

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[Kevin_1 in reply to NannaB]

I love you!

Gosh I can be dumb at times.

Thank you!

[NannaB in reply to Kevin_1]

Reading your post dumb is never something I'd call you.

Good night!

X

[17052011 in reply to Kevin_1]

Thank you , very much appreciated I shall read and digest this info x

[Kevin_1 in reply to 17052011]

Your welcome - I really must stop trying to go so fast!

[SWISS_MISS in reply to Kevin_1]

Kevin..the problem with the health and welfare is that it is void if you fill in the nhs planning for future booklet after you have the lpa. Just nearly nearly fell into this. Page 19 of the nhs booklet explains.

This was confirmed by our palliatve care manager.

Barrie

[Kevin_1 in reply to SWISS_MISS]

Thanks for that info Barrie crucial information!

Could you give me some more information so that I can find a copy of this booklet? All I can find is one sponsored by Devon NHS.

I am in the process of gathering information on Continuing Health Care at the moment, but plan to look at 'Advanced Decisions to Refuse Treatment' next.

Best

Kevin

[Kevin_1 in reply to SWISS_MISS]

Hi Barrie

I've found it on the Law Society website:

"Clients should be made aware that where a person makes a health and welfare LPA (regardless of whether it provides authority to give or refuse consent to life-sustaining treatment) and subsequently makes an advance decision, which is valid and applicable in the circumstances, the advance decision takes priority."

It is specifically for Advanced Decisions. Advanced Statements are non legally binding.

The LPA remains valid - it is only the specific decisions in the Advanced Decision which trump any other decisions the Attorney might want to make on those particular issues.

Thanks - that was really very helpful.

Kevin

[Kevin_1]

Adding

They really are not difficult to do.

solicitors charge well over £1,000 ea.

But if you really don't feel up to it:

ageconcernbirmingham.org.uk...

Best wishes

Kevin

[Kevin_1 in reply to Kevin_1]

Well that wasn't very helpful unless you live in Birmingham!

Call Age Concern - they have a number of services to help folk.

Another poster here said that they will send someone round to the house to do it with you for free.

Best

K

[17052011 in reply to Kevin_1]

I live in Merseyside so I'm sure there will be something here?

[Kevin_1 in reply to 17052011]

Merseyside have the same offer.

ageconcernliverpoolandsefto...

Good luck.

[Satt2015 in reply to Kevin_1]

Yeah stupidly we paid just over £800.00 for mum n dads!! But I believe age concern will do it all for you for free....wish I'd known that before!

[Yvonneandgeorge]

Yes we have age concern coming on Wednesday to do them for us, you just have to give a donation, spoke to other people who have done it with age concern, they were very pleased. Like Kevin said a solicitor quoted me 2000 pounds, a lot of money xxxx

[17052011 in reply to Yvonneandgeorge]

That's really helpful thank you I shall call them x

[Spiralsparkle]

We filled in the paper forms for Mum's Lpa and got someone a close friend to be witness. If you are on means tested benefits then it is free to register them so costs nothing but brain power and time. I took time over them to make sure was right and checked them numerous times against the instructions that come with the forms.

[mthteach]

We ended up going to a lawyer to get this done. I never had a problem with it, and I do not regret spending the money to have it done. We had a advance directive/wills done then. My husband passed 2 months ago. I would have been lost if we would not have planned everything out ahead of time. We were even able to put his pension in place for me to get 100% if he passed before me. I would be lost without all our advanced planning. Thank God my husband of 39 years took very good care of me. I miss him so very much now days. He was my rock. Good luck.

[17052011 in reply to mthteach]

Thank you for letting me know and sorry for your loss.

My mum has a private pension but is divorced so I don't know if she can leave that to my bro other and I? She's only 64 and be retired 4 years so she still has quite a sum in it. Do you know if we would inherit this, I'd hate for the state to get it x

[Debbieann in reply to 17052011]

Think you would have to check with the pension company, when she stated receiving it she may have been able to nominate a beneficiary x

[17052011 in reply to Debbieann]

Thanks I will.

[Kevin_1 in reply to 17052011]

You need to read the Terms of the pension plan or contact the people managing it. They are usually very helpful. Some plans have a form which can be completed which allows a person to be designated. Sometimes it has to be a partner as in the case of an unmarried couple.

Hope this helps

[mthteach in reply to 17052011]

I would contact her work and ask since she does not have a spouse, can she leave it to you. I do not think so, but it would be worth checking into. You will inherit the 401K if she has put your name on it as beneficiary. How long was she and her husband married. He might be able to draw her pension or social security.

[17052011]

Contacted age concern and they do t come out but have referred me to a local form of solicitors who charge £180 inc var to draw up the LPA and then we need to register which she said will probably be waived due to the benefits mum is now on. Thanks for all the help and guidance everyone has given me. I love this site 😀

[Kevin_1]

That's a good price!

But do check if they are going to waive it - because £180.00 is the fee to register it with the Court of Protection and that must be paid. So they are doing it for free? Superb.

Then remember there are two powers of attorney and you probably need both.

One for health and welfare - Making clinical choices and where the person lives and diet etc.

The other for Financial Affairs - Managing their bank account, investments and properties.

Both require a fee of about £180.00 to the Court of Protection = £360.00

Will they do both for free?

Sorry to be a cynic... best to have eyes open.

Please come back and say. It helps us all.

Best

Kevin

[Barbara71]

Power of attorney is good to have. But when Mike died and I was sorting his affair, I did not realise the power of attorney,had stop has well Barbara

[Kevin_1]

That's a very good point.

Thanks Barbara