power of attourney - family issues - help need
Discussion
Hi.
Briefly.
Elderly parents.
My father has been diagnosed with Alzheimers.
My mother is setting up a power of attourney for my father.
It has my mother and brother in law as the attourneys.
Then my sister and myself after if they cannot execute.
My sister and i have seriously fallen out.
Probably irreparably.
I no longer have any communication with my sister or brother in law.
My mother sees no problems with the fact that my sisters husband (and by implication my sister) will have power of attourney before me.
I would be open to any helpful comments of the implications or dangers o this scenario.
I have tried telling my mother how this could go seriously wrong.
Maybe if she reads it from non partial people it might help.
Briefly.
Elderly parents.
My father has been diagnosed with Alzheimers.
My mother is setting up a power of attourney for my father.
It has my mother and brother in law as the attourneys.
Then my sister and myself after if they cannot execute.
My sister and i have seriously fallen out.
Probably irreparably.
I no longer have any communication with my sister or brother in law.
My mother sees no problems with the fact that my sisters husband (and by implication my sister) will have power of attourney before me.
I would be open to any helpful comments of the implications or dangers o this scenario.
I have tried telling my mother how this could go seriously wrong.
Maybe if she reads it from non partial people it might help.
philv said:
Hi.
Briefly.
Elderly parents.
My father has been diagnosed with Alzheimers.
My mother is setting up a power of attourney for my father.
It has my mother and brother in law as the attourneys.
Then my sister and myself after if they cannot execute.
My sister and i have seriously fallen out.
Probably irreparably.
I no longer have any communication with my sister or brother in law.
My mother sees no problems with the fact that my sisters husband (and by implication my sister) will have power of attourney before me.
I would be open to any helpful comments of the implications or dangers o this scenario.
I have tried telling my mother how this could go seriously wrong.
Maybe if she reads it from non partial people it might help.
Tricky.Briefly.
Elderly parents.
My father has been diagnosed with Alzheimers.
My mother is setting up a power of attourney for my father.
It has my mother and brother in law as the attourneys.
Then my sister and myself after if they cannot execute.
My sister and i have seriously fallen out.
Probably irreparably.
I no longer have any communication with my sister or brother in law.
My mother sees no problems with the fact that my sisters husband (and by implication my sister) will have power of attourney before me.
I would be open to any helpful comments of the implications or dangers o this scenario.
I have tried telling my mother how this could go seriously wrong.
Maybe if she reads it from non partial people it might help.
Assuming your Dad is still of sound mind for now, he can make his own decisions. But it's for HIM to decide who has the POA!
Get a free hour with a decent solicitor.
Attorneys must be able to work together, or it will turn into a bloody fight. As said, if your father is still of sound mind (ie he hasn't been declared officially bonkers by doctor or solicitor) then he's the one to talk to because he's the one who can change it.
POA is a two stage process. First the person concerned sets it up (like a Will) and everything carries on as normal. Then when they can't manage their own affairs it's 'registered' through a solicitor and that's when the Attorneys take over, handle the money, arrange care/care home etc. It's a legally responsible position and they have to act in the best interests of the person concerned.
POA is a two stage process. First the person concerned sets it up (like a Will) and everything carries on as normal. Then when they can't manage their own affairs it's 'registered' through a solicitor and that's when the Attorneys take over, handle the money, arrange care/care home etc. It's a legally responsible position and they have to act in the best interests of the person concerned.
You don't need to have a solicitor to set up an LPA - you can do it quite easily - forms available from the Office of the Public Guardian. As has been said, your father will have to do this himself (maybe with help) but your mother can't do it for him. Attorneys have to be nominated for financial plus or minus welfare issues. The application needs to be independently witnessed and countersigned and a GP needs to provide a medical statement. If your father already suffers from the effects of Alzheimers it may be too late - but I have known families who have tried to push it through. If he is no longer deemed to be able to exercise control over his affairs and there is no LPA then you would need to apply to the Court of Protection. However, it maybe that in this case your mother has enough control of matters (through joint ownership/marriage etc) that an LPA is not necessary. If that is the case it might be sensible for her to arrange one for herself. Once the forms have been submitted (with a fee!) it takes about 6 weeks to be registered. Once registered, the attorneys can "activate" it at any time to manage his affairs in whole or in part. It's a pity you have a family feud - is there no way you can patch this up? I am puzzled as to why your mother should choose your brother-in-law over you. Are there some family rifts/politics that you haven't mentioned? It is possible for you both to have LPA to act either together or separately. Sounds like you need to open lines of communication here.
Largely agree with Beggarall, above. If your father is still capable of understanding what he is doing a Power of Attorney LP1F (Financial) and LP1H (Health) can be taken out - they can even be done on-line. Each one needs to be registered straightaway as it is taking 8-10 weeks. Each needs to be accompanied by a payment of £110 (so £220 if both).
Read up on Power of Attorney on the Government website - or call them on 0300 4560300.
If your father has already been diagnosed as unable to understand what is happening it may well be necessary to involve the Court of Protection.
Read up on Power of Attorney on the Government website - or call them on 0300 4560300.
If your father has already been diagnosed as unable to understand what is happening it may well be necessary to involve the Court of Protection.
Robertj21a said:
Largely agree with Beggarall, above. If your father is still capable of understanding what he is doing a Power of Attorney LP1F (Financial) and LP1H (Health) can be taken out - they can even be done on-line. Each one needs to be registered straightaway as it is taking 8-10 weeks. Each needs to be accompanied by a payment of £110 (so £220 if both).
Read up on Power of Attorney on the Government website - or call them on 0300 4560300.
If your father has already been diagnosed as unable to understand what is happening it may well be necessary to involve the Court of Protection.
This , it is important as if there are questions of capacity it;s all going to be wasted time and effort otherwise.Read up on Power of Attorney on the Government website - or call them on 0300 4560300.
If your father has already been diagnosed as unable to understand what is happening it may well be necessary to involve the Court of Protection.
Thanks for the rep,ies.
Father is far more within himself than he used to be.
He could make decisions, but is not really interested.
It seems the right time to prepare for the future.
As to why my brother innkaw was chosen.
I was abroad for well over a decade, so in tne past he was put as executor of wills etc.
So my mother presumed that should be fine for this as well.
She has realised that this is not ideal due to tne big family rift.
She has ammended tne power of attourney.
She will tell my sister tomorrow.
Then tne sh@t will trully hit tne fan ;-)
Father is far more within himself than he used to be.
He could make decisions, but is not really interested.
It seems the right time to prepare for the future.
As to why my brother innkaw was chosen.
I was abroad for well over a decade, so in tne past he was put as executor of wills etc.
So my mother presumed that should be fine for this as well.
She has realised that this is not ideal due to tne big family rift.
She has ammended tne power of attourney.
She will tell my sister tomorrow.
Then tne sh@t will trully hit tne fan ;-)
philv said:
She has ammended tne power of attourney.
If your father is of sufficiently sound mind to decde who will represent him, then HE amends the LPA form. If your mother is doing it that implies he isn't, in which case it's too late and if she wants to change them it's a court job. Or is it a case of 'Just sign here' - which I can understand...Gassing Station | Finance | Top of Page | What's New | My Stuff