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Power of attorney - Page 2 - Carers UK Forum

Power of attorney

For issues specific to caring for someone with mental ill health.
I don't think he gives it much thought as he tends to stick his head in the sand
You may have to threaten divorce. Finance is serious - you can't afford to be 'diddled' out of what you may well need to support you at some point.

Sorry if that sounds horrid, but this is a non-trivial issue!
I thought I'd posted on this, but it hasn't appeared. I agree with Jenny that you should see a solicitor in your own right as soon as possible. Get the business over with, even if it costs something, now to avoid much bigger problems later. I am assuming you are unable to persuade your husband of your point of view.
Even if you have equitable rights to more than 50% of the property, you would have expensive and wearing and lengthy legal proceedings to enforce it. Don't let it come to that.
Has MIL got BOTH LPOAs? Finance and health?
Hi Elaine yes she has
Hi Mez
If your hubby does not want to alter the POAs in any way there is nothing you can do about it as they are legal documents. Are there any replacement attorneys named on them? If not I'd ask the question, what happens if MIL becomes incapacitated herself or dies? Who looks after him then? That may be an argument to revise them.
I would protect myself by disengaging my half of all money from joint accounts and set up my own bank account where any money I received was paid in. I would also get legal advice as to how to protect my half of any property or other assets.
I would also remind MIL that should your husband become incapacitated then his full care or arrangements for his care will be entirely up to her as it won't be your responsibility. Will she be prepared to look after him every day?
Maybe she will consider sharing that responsibility or handing over, by backing down as attorney.
Good luck
Elaine, good point. The PoA become null and void if the person nominated can't or won't do the job.
Last time he was was ill she wasn't there for us and he did not want her around but I think she probably intervened with care that we did not realise at the time, she wasn't even keen to come to care meetings
Just an update hubby spoke to his mum about POA and she said its never been registered does anyone know if that sounds feasible and how can I be sure of it? Also to me it doesn't seem right to have one set up but not register it whats the point in that any advice welcome
Hi Mezz,
In our case my brothers both created PoAs in 2006, and it wasn't till 2012 that we registered one of them when it became necessary. That is or was the normal procedure. Even now I don't change my caree's financial arrangements without discussing it with him, although the time may come when I take complete control.