::POA's - do we really need them?

The question is whether they would be allowed to make necessary decisions if you were unable to do so. With POA they can access accounts without being accused of fraud. Without it, nobody can act on their instructions as here is no evidence that you have given consent.

If you fill out the forms yourself, which is really not difficult, though it does need care, it doesn’t cost all that much.

Personally I think Ps of A are essential. What if you had e.g. a stroke and were unable to speak for yourself, let alone act for yourself? Or were taken seriously ill in any other way, or were involved in a serious accident?

If you have no P of A in such circs, it’s a major headache for relatives, and the Court of Protection would need to be involved, which AFAIK costs considerably more and can take ages to set up.

I am right in the middle of doing my POA - (1) Property and Financial and (2) Health and Welfare.
It only costs £92 each , but much more if you use a Solicitor
I have 3 children.

Myself and my siblings have POA for our mother who’s now 90 . We did it around Covid time . We did it through a solicitor but you can do it online on the gov website. And it’s not silly money .
I do my mums financial admin and know her financial situation, plus passwords etc .
Now my mum has carers and I’ve had to show the company the POA . First time I’ve used it . She was in hospital last year and everyone there was asking if I had POA . One reason we did it , is because my siblings aren’t local , so I can make a decision if they’re not around or contactable .
Maybe explain that it’s not a huge expense.

Bank accounts are frozen when a person dies to prevent fraudulent access.
That means no direct debits would be paid.

My neighbour has just done hers through a Solicitor. I think it cost her about £500

Being next of kin confers no legal powers.

That’s all very well Franbern…………until you’ve lost capacity and cannot make decisions for yourself AND your DD’s have either fallen out or don’t agree on your treatment and welfare going forward.
POA protects everyone concerned.

As AGAA has posted Franbern, bank accounts are frozen when someone dies and during your lifetime if heaven forbid you did become unable to make decisions for yourself, your AC would have to apply to the courts for permission every time they needed to make any decisions of a financial nature.

I have POA for Mum. I couldn't access her account without it. I have to sign for any changes. I have her debit card with my name on it.

If I want to move money from current to savings or vice versa, I need to show proof of my identity as POA.

She has dementia, but this was done in 2018 long before symptoms showed.

AGAA4

Bank accounts are frozen when a person dies to prevent fraudulent access.
That means no direct debits would be paid.

But AFAIK the financial P of A becomes invalid on death anyway.

AGAA4 A power of attorney ceases immediately upon the death of the donor. POA is to enable the attorney to act on the donors behalf during their lifetime. Upon death the responsibility passes to the executors who may or may not be the same people

Franbern there is some useful info here regarding POA. Anyone in receipt of certain benefits eg pension credit is exempt from the registration fee which I think is around £90. So it might actually be possible to set it up with no cost if you or your daughters can confidently complete the forms without involving a solicitor. www.moneysavingexpert.com/family/power-of-attorney/

Grannynannywanny

Franbern there is some useful info here regarding POA. Anyone in receipt of certain benefits eg pension credit is exempt from the registration fee which I think is around £90. So it might actually be possible to set it up with no cost if you or your daughters can confidently complete the forms without involving a solicitor. www.moneysavingexpert.com/family/power-of-attorney/

Re completing the forms, it is quite straightforward, but you do need to read the instructions very carefully, particularly as regards signing and dating. Any errors mean that it will be rejected and you’ll have to start - and pay - again.

On the H&W form there is space for you to add your specific wishes.

I am POA for my mum and am so glad I am.Mum lived independently up until the age of 92, no carers absolutely fine.Everything changed literally overnight.The first thing the hospital asked was do you have POA.I have been able to make decisions for her based on what she told me were her wants.I have also been able to pay bills and maintain the house until the sale goes through.Several of the residents in the care home who pay their own fees have social workers to make decisions for them as they didn’t have POA in place.If you can afford it I would say go for it.

Daughter, who is in law, says they are really more important than wills.

Mum refused to do poa and it was a nightmare when she was hospitalised with mixed dementia and vascular disease. Because there was no poa, no decision could be made about her care. Social work then had to get involved and they made all decisions. We, as a family, had no say. Mum was unable to return home because of her needs and lay in hospital for two years. I had to apply for guardianship (Scotland) which took a full year to be approved. Only then could she be moved to a care home. Get a poa done

I always assumed my dh or children are my next of kin, who could make decisions etc should I become ill but apparently not.
So we completed the 4 forms ourselves, both financial and welfare. Unfortunately they returned one because I had overwritten one clearly written number without initialling it.
I had a 50% reduction if I re applied within a month or maybe two and sent papers off early December and wait for their response, which I hope will be positive this time.

Unfortunately a stroke or just an infection can change your mental capacity in an instant. My dad was hospitalised a few weeks before he died and because he was deemed not to have mental capacity at that point all decisions were made by the medical staff - which resulted in them treating him in an attempt to "make him better". He was 95 with advanced heart and kidney failure. I knew he just wanted to be discharged from hospital and left in peace but because I didn't have health poa for him my views were disregarded.

If someone does not have a POA the court of protection usually become involved and can appointment for example a Professional person to manage finances and health decisions. Family members can apply to take on the role of what is known as a Deputy but it will not necessarily or automatically go to them. It is also a long drawn out and expensive process. My advice would be to set up POA which is more straightforward, cheaper in the long run and brings more peace of mind.

We are 79 and both have medical and financial POAs for each other, and which also appoint our sons. We're both fit, well and competent but at our age that can change in an instant we've had family examples and have seen the huge problems caused.

Both of them were sudden catastrophic brain injuries that came out of the blue. My uncle fell , and hit his head hard on the edge of paving. This brain injury made him a helpless vegetable for the rest of his life. He had to be in hospital; and I'm afraid the bed-care he got in his local hospital was very poor. Seeing him wet, soiled, bed sores, in a noisy ward with not enough staff, was an additional awful distress for his wife.
Also, bills were mounting at home.

With no POA, the bank froze all accounts that were in his name only. This stopped all the DD's for their domestic utility services, C tax, house insurance, and credit card . His account serviced both their credit cards so now his wife had no credit card. Obviously the last time to have financial and domestic problems with sick relative in hospital (and unable to communicate at all. With no POA, she had to apply to the Court of Protection to appoint suitable "Guardian" ; this can take up to 9 months (and current fee is £400). He got an infection and died before her application came to court. After four months in a non-survivable state I wouldn't let my dog endure.

The other family example is my cousin, 75, retired nurse, had a major brain bleed out of the blue 2 months ago. In hospital ever since, nil by mouth tube fed, very severely mentally impaired ; paralysis induced blood clots in lungs. She is also in pain due to the location of the brsin bleed.

Her NOK is her daughter who has never left home or worked because she is incapable; and nor can Daughter deal with the Drs, take in their medical info, make any forward plans etc. Catch 22, as NOK, D is the only person my cousin's doctors can talk to.

If this had happened to me, I would have mercifully died in the first 48 hours. When I lost mental capacity my POA would have instantly activated , so would my Advance Directive, supported by my Attorneys. My choice. My advance directive refuses consent for tube feeding and other medical interventions to prolong life in such circumstances.

Because I have a POA in place, neither I nor my loved ones will have to endure my wretched prolonged suffering like the above.

Our solicitor helped us arrange all POAs and our total cost for the two of us, inc luding all fees, was around £900.
Well worth it IMO for our own peace of mind and that of our sons.

If your daughters had to apply to Court of Protection, it would cost £400 and take a long time.

AGAA a PoA doesn't give you access after death.
They cease at that point.
But maybe that's what you were saying?

The Financial and Health PoAs were really useful when my mother-in-law was struggling in the last few months of her life.
It allowed me to speak with and for her to all agencies and was worth 100s of times more than the (then) £80 each she invested in them.

We never acted without her say-so but often she would get weary during the day and would confuse all the new people on the scene.... At one point there were 4 or 5 different Katie's so no wonder really.

Also, having a stroke at 101 it was up to us to stress the very able person she was just before it happened - most people don't understand the grit, energy and determination a 101 year old can possess and definitely "sell them short". I know The PoAs made life better for her - especially liaising with people ^legitimately (not just as a favour "well we shouldn't really be talking about her"). This "we shouldn't/cant be discussing this" is what my friend had repeatedly.

My mother-in-law sadly died just before Christmas but the PoAs helped us to help her. We had the right to insist on things, chase things up, buy things she needed with her own money, reimburse ourselves for the new bedding she chose but we paid for, deal with the care agency and once she found online banking difficult we could move money for her and pay her window cleaner and gardener.

Just do it. I don't think your children really understand how much this can help you - and how much stress and frustration just having them takes away.

“Just do it. I don't think your children really understand how much this can help you - and how much stress and frustration just having them takes away“

OP can’t just put one in place without the consent of her children, @NotSpaghetti. That’s not fair.
My stepdad recently told me he intended to appoint me. I had to tell him no, I wasn’t comfortable with that. He has two properties, various pensions/investments and we live at opposite ends of the UK. He’s just 13 years older than my disabled husband and I just wouldn’t have the time or energy frankly to administer his affairs. Thankfully, he seems to understand.

we did it just after my husband was diagnosed with Alzheimers, but he could still make decisions, all 3 of our adult children have P.O.A. for each of us, I think it's worth it .