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Legal, pensions and money

Power of attorney for a friend

(29 Posts)
Cambsnan Sun 23-Jun-24 07:24:05

My widowed friend has fallen out with her daughter and has asked me to act as her attorney should the need arise. How do I say no without upsetting her. This would be a big undertaking and her daughter would be upset and angry. She is also changing her will to leave her house direct to grandchildren (under 5s). I think this is a bad idea but she will not listen. I think the row will pass over and hasty and expensive decisions would then need to be reversed. Do I say no or stall and wait for them to sort out their differences?

Harris27 Sun 23-Jun-24 07:56:50

Tread carefully she may have thought about this or has run in headlong. Why not ask her about this? Pointing out that you would be happy to do this but give her a later date cooling off period? Then review at a later date.

Germanshepherdsmum Sun 23-Jun-24 08:09:23

I would simply say that this is a big responsibility and you may be quite frail and elderly when the PoA needs to be used, so it is better to appoint a younger person.

I hope she is using a solicitor to write the new will because if she is leaving money to young children it will have to be held in trust for them until they reach 18. You might also gently point out that it isn’t necessarily a good idea for young people to inherit money.

Oopsadaisy1 Sun 23-Jun-24 08:11:51

Was this a POA for Finance or Health? Or both?

As to the Will if she wants to leave her house to the Grandchildren then she can, presumably her daughter will have to manage it for them until they reach 18 yrs old anyway, I don’t think she will ask you to manage it on their behalf but it might be wise to check.

wildswan16 Sun 23-Jun-24 08:16:05

I would very gently say a definite “no”. Explain that you feel it is too much of a responsibility for you, but you will help and support her while she decides what is best to do.

Fleur20 Sun 23-Jun-24 08:16:56

You could tell her it is not pragmatic to have POA from the same generation. There is no guarantee that you will outlive her!

Iam64 Sun 23-Jun-24 08:42:58

Good advice from GSM.
I wouldn’t do this for a friend in the circumstances you describe. You could be left dealing with complex legal emotional and practical issues.

Lovemylife Sun 23-Jun-24 08:43:44

A friend took on being second PoA for her 97 year old aunt who is very poorly in a care home. The other PoA was her very much younger and sprightly uncle. Sadly the uncle died suddenly and my friend is now having to deal with paying the care home, dealing with the banks (dire) and selling the house they shared. It’s a huge amount of work and responsibility.

Being a PoA is not something to be undertaken lightly. Things can be straightforward, but not always, as my friend has found out.

I would think of the worst case scenarios before making any decision. All the ‘what ifs’. Good luck and hope you can find a kind way to say no if that is your decision.

Germanshepherdsmum Sun 23-Jun-24 08:49:22

It is indeed a big responsibility, can involve a great deal of work, and a relative in the background who has been passed over would make things even more difficult, challenging decisions at every turn. Decisions over healthcare can be particularly hard to deal with.

Davida1968 Sun 23-Jun-24 13:03:24

I agree fully with GSM. I'd say that I feel too old to take on this role, and thus that I wouldn't feel comfortable doing this. Hopefully that will stop them from asking you.

LOUISA1523 Sun 23-Jun-24 19:14:58

I have it for my mum and even then its shared with my DD .....wouldn't do it for anyone else

welbeck Sun 23-Jun-24 21:05:42

a relative, not the closest, asked me to be named as their POA, before having an operation.
i really didn't want to, but someone else said they will worry about having the operation if i don;t agree.
so i reluctantly did.
meaning to sort it out later, never have.
it seems too difficult to mention.
there is another POA, much more sensible and organised than i am, but she lives outside UK.
and i don't even know the other POA's address. !

NemosMum Tue 25-Jun-24 11:24:13

There is no easy way, but you could say: "No, I really can't help. I'm no good with legal paperwork". Leave her to sort out her own family spats. It is a huge responsibility, and you will not be thanked.

Cossy Tue 25-Jun-24 11:27:19

Germanshepherdsmum

I would simply say that this is a big responsibility and you may be quite frail and elderly when the PoA needs to be used, so it is better to appoint a younger person.

I hope she is using a solicitor to write the new will because if she is leaving money to young children it will have to be held in trust for them until they reach 18. You might also gently point out that it isn’t necessarily a good idea for young people to inherit money.

Great advice! I second this.

Wyllow3 Tue 25-Jun-24 11:35:53

Yes, I agree.

Saying you might be frail or ill yourself is both true and the best way to say, "no".

Jess20 Tue 25-Jun-24 11:51:54

The worst problem of naming grandchildren is that more may come along and be treated unfairly, needs careful thought. My advice is don't do it, POAs for both health and money are onerous and you may well be too frail to carry out her wishes. Difficult situation.

Iwtwab12bow Tue 25-Jun-24 11:53:22

Please say NO ! My husband was flattered to be asked to be power of attorney for an elderly relative. Little did he know that some distant cousins who were left money in the will had accused my husband of pressuring the relative so that our children were left an inheritance. My husband regularly visited the relative even though she lived many hundreds of miles away, on a monthly basis the cousins never visited in the 7 years my husband cared for her even though they lived a ten minute drive away. They are now accusing him of fraud, mismanagement and stealing her money. We ,as a consequence, are severely out of pocket

Babamaman Tue 25-Jun-24 11:54:48

Politely tell your friend you would prefer if she asked her sollicitor to be the power of attorney, as you don’t feel capable of having such a big responsibility and you might lose your faculties before her!

BigMamma Tue 25-Jun-24 12:00:08

I would say no. A friend of mine gave Power of Attorney to her family when she became ill and the work involved organising her money and getting in help from social services has been hard work and time consuming and that is her own family organising it. I would not recommend it.

Germanshepherdsmum Tue 25-Jun-24 12:19:27

Solicitors are unlikely to agree to that Babamaman.

deedeedum Tue 25-Jun-24 13:09:29

When in doubt do nothing.

Vintagegirl Tue 25-Jun-24 13:20:03

I have a similar situation with an acquaintance rather than friend who has put me down as executor. I reluctantly agreed and said I would hand over to a solicitor but I know well the amount of work that would still be involved. She has a difficult family situation/estrangements etc and contact with few other people being housebound. I must check out the POA situation as this lady has many health issues.

Cambsnan Tue 25-Jun-24 13:29:59

Thank you all for the good advice
Always good to have a sounding board

Squiffy Tue 25-Jun-24 14:11:32

Germanshepherdsmum

Solicitors are unlikely to agree to that Babamaman.

That’s very interesting Gsm. Is there a particular reason for that - apart from it being very time-consuming?

Germanshepherdsmum Tue 25-Jun-24 14:14:27

Responsibility and challenges from family or friends who disagree.