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Is Power of attorney always necessary? - Carers UK Forum

Is Power of attorney always necessary?

Share your ideas about the practical side of caring.
I have broached the subject of POA a few times with 90 year old FIL and got all the papers to sign but he can't see why it would be necessary as he doesn't own property, has made me joint signatory on his bank account and made a will.

I'm sure there are reasons why it would still be a good idea to have it but as I don't know what they are I can't really argue the case and am concerned I will find out when it's too late! Anyone got any experience of this?
If he doesn't have any property, and you are a signatory to his account, that's really good. However, there are two types of POA. Financial, and Health and Welfare. If you have H&W the doctors must talk to you as if you were the patient, not withholding anything. If dad was very ill, you could tell the doctors what you wanted to happen. When my mum was in pain at the end of her life, I told the GP that pain relief had to take priority over everything else. We both knew that the only solution was so much morphine that mum would be put to sleep. She passed away the following day. I am glad I could help her die gently and quietly, not in pain. She had a sore on her chest so wide and deep that when the dressing was changed, the nurses could see her ribs underneath.
If there are other family members then POA financial is really useful in case they start questioning your spending of his money. If it's all laid out and clear in a POA you are backed up in your authority to make decisions
Hi Davina
I did the same as you for my father who was the same age- 3rd party access, Dad and I were fine about it , but as soon as Social services stuck their big noses in, they started warning me that I needed Ct of protection once dad lost capacity so I was scrabbling around trying to get late POA when dad had questionable capacity, if you are able to persuade him it is a good insurance for you. Later down the line if dad Needs a care home and finance is looked into, it is better to do it through POA, CT of protection deputyship is far more invasive and far more accounting needed on your part.
If you are arranging it more leisurely , I would also go for the health one, thinking of the unthinkable- end of life , it is reassuring to know that loved ones have a say, I must admit I was listened to even without the health POA but I think it is luck of the drawer depending on views of the health professionals involved.

As I say, I pottered along quite satisfactorily on 3rd party access for 5 years or more but had a frightful scrabble at the end feeling things were slipping out of my (and therefore Dad's) control.
Always get POA's early whilst person is still mentally capable.
One week my husband was in agreement of POA, the next his dementia declined rapidly. He had no idea what we were talking about. Court of Protection route for me. Costly and intrusive. Have to send expenditure to them each year, pay for the' privalege' pay for a deputy bond each year. I'm ok with it now, but it is a bind.Took a while to get it sorted too. Go for POA while you can.
Wow! Thanks so much everyone for those replies. I get the picture now andwill get that sorted urgently.
Recently obtained both the Financial and Health POA's for a Parent and definitely made matters easier. Purchased via Which who offer a checking service and guidance, although is more costly is easier than having to resubmit the forms due to an error which is recharged at 50%.
Its useful to have. I do get that among the older generations along with control issues there is a stigma about this sort of thing.. but honestly I see it as praiseworthy, and setting a responsible and positive example to younger people that we have to eventually plan for this ourselves one day.

If they get LPA put in place and it turns out it never came to needing it, then fine.. it still takes pressure off of loved ones thinking "what if" when capacity goes into doubt... and if the worse should happen and their capacity changes through ill health, the last thing you want to be doing is scrambling around to get deputyship (which I'll come to) in place during an already critical point for the family unit where their already at their limits.

The alternative is costly in terms of expense and time your loved one may not have. There is potential for it to drag on for years and even then a final decision may not be the outcome you wanted (it can be turned down). Thats without the things we may not think about straight off (anxiety of waiting for "that letter" to turn up).

And this isn't necessarily the complicated cases either.. for example a person born with lifelong disability who could never pursue LPA/POA with court appointed deputy as an only path to pursue, no less than 2 years to reach a decision on H&W alone.. during which point they very nearly died due to their ongoing health issues.

Comes down to just how much you trust the likes of social services or worse yet CHC to act in that persons interest.

TLDR would be yes, lasting power of attorney at a minimum.
I have POA for my Mum for both Health & Welfare and Property & Finance. When she was first diagnosed with Alzheimers the consultant recommended we did so and I am so glad we did. I have had to use the papers countless times.