Elderly parents or relatives to care for and/or worry about? This is the place for you.
135 watchers
Jan 2018
8:39am, 15 Jan 2018
4,366 posts
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BanjoBax
Chris - when my wife got PoA invoked for her dad, he just had to confirm that it was what he wanted when MrsBanjo passed over mobile in call to the solicitor holding the documentation. Mrs then had to then go sign some paperwork at the solicitors and that was it.
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Jan 2018
10:19am, 15 Jan 2018
15,980 posts
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ChrisHB
We have online banking for my mum; the problem was that the password is stored in her browser and not on paper, then the bank needed us to enter the password again to do a certain transaction. My reading of the PoA is that I have it already. I can't read my mum's part of the form in any other way. But my part says that I have to notify a court if she loses mental capacity. I'm going to speak with my brother who has a much better understanding of these things, not least because he's done it all before. |
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Jan 2018
10:41am, 15 Jan 2018
4,370 posts
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BanjoBax
My in laws had the PoA drawn up and agreed & processed by a court but to be invoked later, which is what happened. Some invoke them immediately. Can the original solicitor advise? (may not cost - it didn't cost anything for Mrs get the PoA invoked as fees paid up front) Wife has had a card on her dad's account, and can now do online banking for him too since PoA, got his account listed for her when she logs on as she already has online banking with same bank for own account. |
Jan 2018
10:55am, 15 Jan 2018
2,315 posts
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jdarun
It should be very obvious from reading the (financial) PoA. The powers are either granted or they aren't (yet). A related issue for me. Is a welfare PoA really all that important? It seems to me that the authorities will usually consult with family etc on welfare decisions in the case of a lack of capacity, even if there is no attorney in a legal sense. The decisions taken may not be completely in line with the potential donor's wishes but that is going to be the case regardless of a PoA or not, and if the donor prefers the authorities to decide rather than granting the power to a relative, well that's their choice anyway. The context is that FiL has done a financial PoA but refused a welfare one for now. Should we (well my wife in particular) be bothered by this? |
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Jan 2018
11:50am, 15 Jan 2018
15,981 posts
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ChrisHB
There's nothing in what my mum has signed to say "until" or "unless". It's just "general authority to act on my behalf in relation to all my property and affairs". Presumably - this is now in relation to MiL - if a person refuses to appoint an attorney, then a court will appoint on when they become incapable. |
Jan 2018
7:15pm, 15 Jan 2018
17,447 posts
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Steady Edina
Well after getting mum to sign a general POA and getting it witnessed. The bank would not accept it because it had not been prepared by a solicitor. I argued that under the 1971 POA act it did not need to be witnessed by a solicitor to be legal and that it did comply with the act. To move things along I signed a third party mandate and took it to the home for mum to sign. I now have to wait to see if the appropriate dept will approve it. All just so I can get cash out for Mum because she can’t get to the bank. In addition after being told that they didn’t want to send mum back to her flat they are now preparing mum to go back to her flat. I think they have realised that it could take while to rehome mum and they can’t keep her in care whilst she still has a flat to pay the bills for. I also suspect they need the bed. Mum is getting fed up at the home and wants to get out. |
Jan 2018
8:19pm, 15 Jan 2018
13,373 posts
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Carpathius
How difficult Edina  I hope they can get good home care arranged for her. MiL had her memory clinic appointment today. Mr Carp took her, and she's being referred for a CT scan next. Apparently they did the ACE-R test or something similar scored out of 100, 82 or less indicates dementia and she scored 57. |
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Jan 2018
8:30pm, 15 Jan 2018
2,318 posts
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jdarun
The gov.uk web site has DIY forms on (which we have used for FiL though not tried to act on as yet), it's nonsense for banks to make up their own rules about what they will and will not accept.
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Jan 2018
8:59pm, 15 Jan 2018
145 posts
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CK2
I really need to sort out POA in preparation for the future. My mum is hopeless with money and I dread to think what will happen if my dad dies first. Today we’ve been going through her mobile bill which is massive. I think she’s been sold a dud deal and is now paying through the nose for going over her data allowance. I’m determined we’re calling them tomorrow. I’m tempted to use the tactic (either her permission) suggested here of phoning up as her.
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Jan 2018
9:09pm, 15 Jan 2018
3,515 posts
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57.5 Degrees of Pain
jdarun - I posted a few pages back about Welfare PoAs from the point of view of the health care provider. Scottish law may vary a little but the principles are the same. The most important is that the WPoA is the person I have to consult, and whose name goes on the Incapacity Form I complete. I will try to consult 'relevant others' but often don't have time to chase anyone else for comment. Without a WPoA I have no go to person. Oddly enough my mum, who is losing capacity, still has a Financial PoA on my behalf (from the years I spent abroad). We never cancelled it in case I disappeared to foreign parts again, but now I am tied to the UK by the aging parents. It was drawn up in Scotland but was effective for all my English based financial affairs. |
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