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Sole carer with LPA of two parents - what if I die?

(11 Posts)
howardfh Mon 18-Apr-16 12:53:08

Basically, I'm nearly 58 and the sole full-time carer of mum and dad (85/86) and have LPA over both, and we all live together. Note - they are both above any income/savings thresholds.

If I die, the LPA's die with me as there is no-one I can add as replacement; we simply don't have any family close enough.

I would assume that their professional care team who help out occasionally, and I have instructed on my death, to give immediate care with the help of a named solicitor and get them into a care home.

Would the owner/s of the care home then be able to apply for LPA to handle mum and dad's affairs - they have varying degrees of Alzhiemers and can't manage themselves, if not, how could their financial matters be administered?

Does anyone have experience of this? Thanks!!

annsixty Mon 18-Apr-16 13:02:56

I would assume that in that case The Court of Protection would take over their affairs. I think this can be quite costly but as it sounds as though there is no one to inherit it really wouldn't matter.

Gracesgran Mon 18-Apr-16 13:16:53

I have just checked howardfh and they don't have a medal emoticon - which is what I would give you - so flowers to recognise what a wonderful thing you are doing.

I have POA for my mother (who has Alzheimer's but doesn't live with me) but my knowledge of this is rather more the gleanings of reading other posts rather than reliable legal facts. Hopefully a legal eagle will come along soon. For what it is worth I do not think the care home owners would be able to get LPA - but the local authority may be able to apply for Guardianship in these circumstances. Also, I don't think you, personally, could add any one to the LPA as it is your parents rather than yours and it sounds as if they may not have capacity now to change it.

Just for anyone thinking of doing this you can appoint a solicitor as Attorney or second or third in line when making out a POA but they will, of course, charge.

I have a feeling that this is not very helpful but just to let you know I would if I could! smile

howardfh Mon 18-Apr-16 13:18:13

Thanks, the cost is irrelevant as long as they get looked after! I'm looking into CoP right now.

howardfh Mon 18-Apr-16 13:20:31

Thanks Gracesgran....I'm trying to avoid the solicitor gaining POA as he claims he nneds to set one up himself with me as attorney and him as replacement...so I would have to fund that + cost of the LPA!

howardfh Mon 18-Apr-16 13:31:57

I'll just add - to avoid confusion, mum can't change her/my LPA as she isn't capable, Dad can change his as he still has the capacity (just!!), so regardless of what the solicitor says r/e changing - mum's can't be (AFAIK) so if dad/I die first leaving mum then she will need Guardianship.

This is what it says....

6. End or change your lasting power of attorney

You can end or change your lasting power of attorney (LPA) even if it’s been registered, as long as you still have mental capacity.

You must make a written statement called a ‘deed of revocation’ and send it to OPG.

Use the following wording. Replace the words in the square brackets with the relevant details.

Deed of revocation

“This deed of revocation is made by [your name] of [your address].

1: I granted a lasting power of attorney for Property and Financial Affairs/Health and Welfare (delete as appropriate) on [date you signed the lasting power of attorney] appointing [name of first attorney] of [address of first attorney] and [name of second attorney] of [address of second attorney] to act as my attorney(s).

2: I revoke the lasting power of attorney and the authority granted by it.

Signed and delivered as a deed [your signature]
Date signed [date]
Witnessed by [signature of witness]
Full name of witness [name of witness]
Address of witness [address of witness]”

You must be able to make your own decisions when you end your LPA

Gracesgran Mon 18-Apr-16 13:38:34

The Court of Protection sounds worth looking at howardfh but none of it is easy is it? One of the good things about GN is there are so many sources of information to call on smile. Good luck.

kittylester Mon 18-Apr-16 13:50:49

I can't help at all Howard but agree about the medal emoticon!

Coping with one parent who has dementia and living in a nursing home is stressful enough - you have my admiration.

A clever gransnetter will be along soon to give you good advice, I'm sure.

Luckygirl Mon 18-Apr-16 17:08:01

When we did our LPAs we added more than one person to it - we have 3 children and they are all named jointly.

In the absence of relatives, it is possible to add a solicitor.

ninathenana Mon 18-Apr-16 18:38:39

Can I suggest you ask this question on Talking Point the Alzheimers Society forum. There are number of very knowledgeable people there.
Good luck

howardfh Mon 18-Apr-16 18:44:25

Thanks for all the advice!