I support an elderly friend who is nearly 91. He has full capacity. Lives independently. Not as mobile as he was....lots gone on there. I have consent to help wth his medical things..of which there is usually some sort of drama...but recently he's crashed his car into his closed garage and now I'm sorting out all that! His POA is an 82 year old friend( poa not activated yet) who has no idea about any of this. His car just been taken away to see if insurers will pay, meanwhile he needs shopping etc. Iv been calling taxis to take him into town, of which he is now complaining how expensive they are . Oh and I forgot. He took his gas meter off the garage wall when he crashed his car and the road is now up as there was a suspect gas leak. Meter still laying on floor of garage . God knows who is sorting that!
I would have thought it quite a rare set of circumstances that husband and wife both lost capacity and at the same time. But no doubt its a consideration. DH and l have poa for one another and our 2 adult kids are our replacement attorneys. My feeling is you can't cover every eventuality all the time.
I think you are OK haddersmum if your first attorney has died then the replacements can step up. In the case in the Times both parents, who were each others primary attorney, were still alive so that stopped the children from acting on their behalf. I shouldn’t think this situation happens often but if anyone is thinking of making a POA it is worth thinking about. I’m sure that if a solicitor is used that will be pointed out but many use the government’s on line forms which don’t give much advice.
If you’re in Scotland please sort it out asap, we had a very difficult time with ours and ended up being paid quite a lot of compensation. Which didn’t really make up for all the stress …
My belief is that you cannot just add an extra attorney after it has been registered. We originally only named each other and one child as the other was unavailable. Circumstances changed and we wanted to include both children (and each other). We had to formally cancel the original power of attorney by making a Deed of Revocation and then make a completely new one
Wow, thank you for that! We only have one son acting as PoA. Circumstances were different when we last did our wills. Dh now phoning solicitors to make our other son a PoA, too. I LOVE this site!
i agreed to be a potential attorney for a relative when she was about to have a routine operation. just so that was one thing she wouldn't worry about. i really did not want to be. the other one is much more capable, business-like, actually ran a business, and sensible, but lives overseas. so i am stuck. can't bring myself to tell relative i want to opt out.
By we I mean my DH and myself. There is an article in The Times today that has given me food for thought. Both of the writers parents are suffering from dementia and each was named as the others main attorney. The children were named as replacement attorneys . Neither parent was able to act for their spouse and neither were the children. It took months to sort it all out. This situation probably doesn’t happen often but if you haven’t done yours yet it’s worth bearing in mind. There are things other than dementia that could create this situation. I thought we had left sorting ours out (well until this morning I thought it was sorted!) a bit late but our neighbour has just done his and he is 92!