Suggestions please for a Lasting Power of Attorney

I think your solicitor can be your power of attorney but will obviously charge for their services

I’m so sorry you find yourself in this position. I’m sure you’re by no means the only person with this dilemma but how sensible of you to think about it.

A lot of solicitors are reluctant to take on the task of being an attorney. I did it once for a business client who was hospitalised for a while after a brain haemorrhage, jointly with his company secretary, but it was only a short term arrangement to keep his business going until he was fit again. I wouldn’t have accepted the responsibility if there was an alternative, nor would I have accepted responsibility for his personal finances or for care decisions. However Solicitors for the Elderly (sfe.legal) may be able to point you to someone in your area who is willing to do this, though I doubt any would be willing to do more than look after your financial affairs. They will of course charge for the work they do. An Advanced Statement is definitely a good idea, especially if nobody is willing to make health or care decisions. I hope you are able to get this all sorted out to put your mind at rest. Good luck!💐

Btw, your sister could not have transferred your mother’s power of attorney to you. That is not possible. It would, with hindsight, have been much easier for you if she had arranged for your mother to appoint the two of you as attorneys, able to act jointly or severally - ie, each of you could act independently of the other or both together. Then you could have continued to look after your mother’s affairs without the nightmare you describe (which I imagine involved you having to apply to the Office of the Public Guardian for deputyship).

Grandma Batty - no I would have been willing to pay they wouldn't do it.

Germanshepherdsmum

I’m so sorry you find yourself in this position. I’m sure you’re by no means the only person with this dilemma but how sensible of you to think about it.

A lot of solicitors are reluctant to take on the task of being an attorney. I did it once for a business client who was hospitalised for a while after a brain haemorrhage, jointly with his company secretary, but it was only a short term arrangement to keep his business going until he was fit again. I wouldn’t have accepted the responsibility if there was an alternative, nor would I have accepted responsibility for his personal finances or for care decisions. However Solicitors for the Elderly (sfe.legal) may be able to point you to someone in your area who is willing to do this, though I doubt any would be willing to do more than look after your financial affairs. They will of course charge for the work they do. An Advanced Statement is definitely a good idea, especially if nobody is willing to make health or care decisions. I hope you are able to get this all sorted out to put your mind at rest. Good luck!💐

Thanks for this. Not heard of sfe so will look into it. It is mainly the financial side I'm concerned about + who on earth will sort my house out and everything in it.
Hope someone out there is in a similar position who might make suggestions.

LesLee7 it's a problem for you isn't it.

The best I can suggest is that you have a heart-to-heart talk with two of your good friends and ask if they and/or ideally one of their younger family members would be willing to act on your behalf if it becomes necessary?
In the meantime you can get all your household and banking paperwork in up-to-date order, with any confidential details stored with your will.

After all it may never happen!🤞

Can I emphasise GSM's point about, when 2 or more people are given an LPA it should be to act jointly and severally.

I had a friend caught out this way. Her parents made LPA's but appointed her and her DH as joint attorneys only. Sadly her husband died before his MiL, by then in a care home with dementia and unable to act on her own. My friend was left struggling with the grief of losing her DH and the circumstances surrounding it plus, having to try to sort out a new LPA for her mother with her as the only attorney.

Better avoided, so remember always 'jointly and severally'

This is the sort of thing that people doing it themselves to save money would typically slip up on. A solicitor should always ask ‘what if …?’.

The problem GSM is that it was done by a solicitor! I assume that my friend's father when presented with the choice probably assumed that his DD and DH would outlive him, and at the time, his wife did not have dementia. She outlived her DH by 15 years or more, and only had dementia when she reached her 90s.

But it was/ is an object lesson. Problems can arise if it is jointly only, if for some reason the two attorneys cannot always get together to do things.

My sister and I held PoA's for an aunt and uncle, but it was always understood that I would be the one dealing with everything and that my sister would only get involved if I became incapacitated in some way, despite both of us being alive and kicking. I organised and signed everything because I had the right to act either jointly with my sister, or severally by myself.

Yes, in this case it was done by the sister who was a solicitor. Maybe trying to keep control?

Germanshepherdsmum

Yes, in this case it was done by the sister who was a solicitor. Maybe trying to keep control?

Trouble is my sister didn't realise she was going to get ill and die before my Mum. I lived 3 hours away and expect she thought as a Solicitor she would deal with the finances - she wasn't trying to keep control.
The thread seems to have gone off track a bit. Hoped there may have been others in my situation ie on their own , no family, what have you done re LPA's? if anything.

If only she had included you as an attorney - you could have agreed that she would deal with the financial matters.
The only solution in your situation is to appoint friends - though they may die before you or become mentally incapable - or a professional such as a solicitor who is willing to undertake the responsibility. I am a retired solicitor and would urge you to try Solicitors for the Elderly. I strongly suspect that many people in your situation just shrug and say ‘who cares?’ - probably the same people who don’t make wills because they have nobody to leave their property to, but charities would be delighted to be left a legacy; instead it goes to some distant relative who has perhaps never heard of them or to the Crown. I’m pleased you have the foresight to consider what to do. Perhaps in due course you would let us know what you did as your experience may help someone else who is ‘stuck’ for ideas but doesn’t want to admit it. I hope you get this sorted out to your satisfaction. 💐