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

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.

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.

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.

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

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

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.

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.

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/

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

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.

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.

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.

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.

Being next of kin confers no legal powers.

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

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

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.

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.

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.

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.