Power of Attorney
Other
I keep telling my parents that are getting on a bit now that They really must set up a power of attorney just on the chance that they are not able to sort out their finances and healthcare in the latter years.
Unfortunately my aunt never set one up And ended up with dementia leaving me to arrange via a solicitor to become a deputy using the services of the court of protection. This is not only very expensive to set up it also has expensive ongoing fees to the courts and a very time-consuming financial deputy report consisting of several pages of documented financial data which you have to keep a strict account on throughout the year. There is no leeway it has to be correct to the exact penny! I absolutely hated doing it it would take me ages.
I’ve explained to my parents that obviously I would do it for them if I had to but it would be so much easier If they set up a power-of-attorney. Parents!!!!!!
I expect a lot of parents say...Kids!!!!!! If your parents are presently of sound mind there is no need for them to do a power of attorney and I would be cross if my sons kept telling me to do so.
I have made a will, it is clear and precise and that should be sufficient, they both have read it and are happy with the content.
If your parents have not yet made one that is what they should be persuaded to do. It is selfish of anyone to not make a will, no matter their age, especially if they have kids.
Lynibis they have done a will and majority is going to my 2 brothers which I am absolutely fine with. I have personally been through the process of managing my late aunts affairs via the process I mentioned and it really is a huge task!! One that can be avoided as it’s not something that I would put onto any of my family for myself
jillylovesyou well I would wait and see if either or both of your parents show any signs of dementia or not coping well. Us olduns can be incredibly sensitive when others infer that you are losing your marbles. I say to my sons, while I am able to do for myself allow me to do so, there will be time enough for them to help (which I know is their good intention) when I am too old and frail and really need it. I got quite cross my with my eldest recently when he was talking about my hair being grey. It isn't, it is a white sort of colour which my hairdresser says is beautiful and should not be dyed 
Lynibis of course nothing a bit of nice n easy can’t fix! I’m too pale to carry it off 
Lynibis I have to disagree regarding it being selfish not to make a will. There are many people who are quite happy and content to allow the rules of intestacy to prevail.
Unless large sums are involved married couples, and those in civil partnerships, the surviving partner gets everything (up to £270K without any need for a will. IMO many people waste time and money by unnecessarily making wills (money that would have gone to their partner or if no partner equally shared by any children).
davidstockport you forget I worked in the register office for 26 years and have seen the misery and upset caused when people do not make a will. Families at war and sometimes years spent sorting it out with probate etc. Not everyone lives simple lives where the spouse or children automatically get it. With so many blended families these days there are step children, half siblings, cohabiting parents still married to ex partners. I dealt with an elderly gay man once who had lived with his partner for 30 odd years (before civil partnership or gay marriage). The deceased's family swooped in, chucked him out and took the house and all assets. Had his partner made a will that would not have happened so yes, I do believe it is selfish to leave such a terrible mess behind you. I was only 36 when I made my first will and have updated as required over the years.
Lynibis I didn't know that the register office and probate registry were connected. Furthermore I didn't say that wills were not necessary where matters are more complicated. (So called "Common Law Marriages" which many people wrongly think gives any rights in actual law) etc.
My understanding was that apart from the registration of death (which can only be done by certain individuals) that's where the registrar;s dealings ended. I do understand that some people will need to return to the registrars for extra copies of death certificates.
I have registered deaths three times and also acted as executor three times. The only one where a will was involved was neither easier or more difficult. I'd assisted in the preparation of the will (which was necessary).
My sister's late husband's and brother's wills (nothing to do with the three I was executor of) caused more problems than they solved because of outright incompetence by the two solicitors involved. Both were ruled invalid so my sister's husband and our brother died intestate - they'd paid several hundred pounds for that privilege 
Yes you are right to set up Power of Attorney before either parent shows any sign of Alzheimer’s or dementia. Of course you need trust on both sides.
Pjran exactly, I know it is a sensitive subject however there is no point in waiting until they are showing signs of dementia as a solicitor may not allow signing any documents due to possible confusion due to the disease.
It is far better for a parent to choose someone they trust as power-of-attorney rather than somebody being chosen one on their behalf in my opinion
jillylovesyou absolutely agree with you but I do remember reading about a lady who had her neighbour’s and they sold her house!
Pjran It really does need to be somebody that you trust for example your daughter or son I certainly wouldn’t put it on a neighbour that’s asking for trouble nevertheless it’s very wrong
My mums been talking to me about this as I’m the oldest of 3 she has mentioned setting me up as power of attorney. Up until now I’ve always brushed it aside as I can’t bear the thought of anything happening to my mum…. But I suppose I need to pull on my big girl pants and discuss it properly.
reannsgran you should bite the bullet as it it sounds like you will get the job anyway if she needs your help and believe me so much easier than the alternative of getting the court of protection involved and very expensive
My mum set up power of attorney for myself, my brother and my dad quite a few years ago. I’ll be honest and say I don’t really know what’s involved. Just kind of put it to one side until the day comes.
It’s one of those things that you tend to put on the To Do list even though it’s really important.
I have a will and so does my fiancé. But this hasn’t been updated since our daughter was born nearly 4 years ago. We just keep putting it off as we think it will probably just need redoing once we are married (another thing we keep putting off as we’d rather put the money towards the house).
snoogans888 It is a lot easier task to fulfil than being a deputy under the court of protection as you don’t need to keep records however it does need to be fulfilled by a very trustworthy person
There does seem to be a presumption, from some, that all elderly people will need a power of attorney, in my opinion it should be left until there is some indication, in many cases the older person will recognise this themself and request help.
It hasn't been mentioned that many elderly people will retain mental faculties far better than their offspring especially where the younger person is addicted to drink or other drugs,
davidstockport Don't leave it too long. It's worth noting the lengthy hold-ups in the time it currently takes for powers of attorney to be registered with the Office of the Public Guardian (OPG).
The Ministry of Justice reported recently that LPAs are currently taking up to 20 weeks (almost 5 months) to process, and there's a huge backlog (150,000+) of applications at the OPG.
Johnny wow!!! Still much quicker that court of protection that took 10 months and I had to move her from London up nearer me which is 150 miles away then sell the house! It was really messy and hard work
davidstockport that really is stereotyping! I know I could trust everyone in my family and it is a great safety net that you know you will be well looked after when you are at your most vulnerable
I can understand both sides, I think it's easier to consider if you are on your own. I think of you are married you assume your spouse will look after you. Not sure if you can set up in the event of X I give power of attorney to. Rather than a blanket giving up of control of your finances etc.
Join for free to get genuine deals, money saving advice and help from our friendly community
Chief Bargain Hunter
