Power of Attorney

[colinpjenkins2]

My father in law has had a massive stroke which has left him paralised down one side and he has lost the power of speech. He is now to be moved out of hospital into a care home which as he has over the prescribed amount of saving he must fund this. However he can not write of talk so can not access his money. To do this it appears we need some sort of power of attorney. Now looking at the Goverment web site it looks confusing before I call them tomorrow does anybody know what I should be asking for. Enduring, lasting, Court of protection (dont really want that one I hope) thanks

[dry suit diver]

you have PM

[yazzyfooty]

I am looking into the same thing for my aunt as she seems to be experiencing cognitive deficits which are worsening. I rang the help line of Help The Aged and they were extremely helpful so it may be worth you ringing them.

Your relative should also be entitled to access an advocate see link.

http://www.dca.gov.uk/legal-policy/m.../booklet06.pdf

[ssteve]

my mother has just gone in to a care home due to alzheimer's , but due to the fact she had put 95% of her savings in to bonds well BEFORE it was diagnosed the council can only get at the income from them and her pension,but still have to let her have an allowance out of it, council very miffed to say the least
ssteve

[ssteve]

Originally Posted by yazzyfooty

I am looking into the same thing for my aunt as she seems to be experiencing cognitive deficits which are worsening. I rang the help line of Help The Aged and they were extremely helpful so it may be worth you ringing them.

Your relative should also be entitled to access an advocate see link.

http://www.dca.gov.uk/legal-policy/m.../booklet06.pdf

get P O A while they are still compus mentus otherwise it gets expensive and drawn out
ssteve

[Finless]

We had to do the same for my Dad who has Alzheimer's and my Mum had a stroke (although she made a very good partial recovery). We got Enduring Power of Attorney, Mum first then me and my brother.

AIUI, the prices went up quite dramatically within the last year.

Sorry to hear that you need to do this.

[simon varley]

Enduring Power of Attorney. Any solicitor should be able to set one up, and you can activate it under a number of circumstances.

Sorry that you are in a position to need something like this. Like wills it is something everyone puts off and off, but something we should really all have because you just never know when you might need it.

[colinicky]

As has been said if possible talk between the family at a very early stage in life ,between my mum, dad, wife, daughter (once she reachs age) & myself we all have power of attorney for each other .
We set this up back in 1989 when I was only 23 due to me doing some hazardous sports were serious injury was very possible & also due to the wife & I doing long distance lorry driving, you never know what the other homicidal maniacs are going to do !

[videogirl]

I think Enduring POAs were replaced last year by 'Lasting POAs'. You can get financial and welfare ones and I would suggest both.

I would really recommend that you speak to a Solicitor (one that specialises in this area, not just the local one). You want to make sure the POA has all the powers that you might need, so buying a style from the internet is not a good idea (same goes for all documents, especially Wills).

[chas49]

Originally Posted by simon varley

Enduring Power of Attorney. Any solicitor should be able to set one up, and you can activate it under a number of circumstances.

The law on Powers of Attorney changed last autumn. You can no longer set up a new Enduring Power of Attorney (EPA) although existing EPAs are still valid.

What you can now do (or rather the OP's FIL can ) is set up a Lasting Power of Attorney (LPA). The process for giving an LPA is a bit more complicated than it was for doing an EPA. You now need someone to certify that the donor (the OP's FIL) is competent and understands the LPA, and is not being pressurised to make the LPA. This person must either know the donor personally and have done so for at least two years, or have the relevant professional skills and expertise to certify the LPA Examples of such people are a registered healthcare professional, a barrister, solicitor or advocate,a registered social worker, or an Independent Mental Capacity Advocate (IMCA).


Organisations like Help The Aged are good sources of advice on how to deal with this.

There's lots of good guidance here as well.