Power Of Attorney

[knitnat]

Having read up on the basics of a power of attorney I would like to know more about the pros and cons of a jointly and severally one. Any personal experience of this would be welcome. TIA

[Buenchico]

Here's what the Law Society says that a solicitor should tell you about the difference, so it's probably as authoritative as getting actual advice from a solicitor anyway. (See Section 6.2):
https://www.lawsociety.org.uk/support-services/advice/practice-notes/lasting-powers-attorney/

(I apologise if you've already read that).

[bhg481]

I think the bottom line is that if you have ABSOLUTE faith in someone you give them severally POA. If you have any doubts at all that they will take advantage of you or try to cheat someonr else then you do joint POA. I am married with one daughter. I have absolute faith in my wife and daughter and have given them both POA separately, so either one can manage my affairs if necessary.
If I had 2 children I MIGHT have given them joint POA, depending on their attitudes towards each other.

[TWR]

What are the persons like? does one think about you, & you alone, does money greed effect the other? can you trust them to look after you & your interests? I am going through this at the Moment Knitnat, I have no interest in my Mothers money but a thing called my brother has £££££££ in his mind, my Mother is in Ist Stage Dementia & in a care home, at this time I have Power of Investigation & awaiting Court Of Protection, if you feel you are starting with Memory Loss get this sorted as soon as.

[TWR]

Knitnat, Google COP "Court of Protection" you can get all the Information correctly off that, be aware, It's a minefield if you don't do it right.

[bhg481]

Get it done yourself before you need to involve the COP. I was there 40 years ago when the COP wouldn't accept my mother's signature (it was a scribble) and the lunatic in charge of the asylum said she was fit to sign. Fortunately we had real bank managers in those days; we'd banked at the same bank for many years and the manager understood the situation and allowed us to pay her rates etc.

[TWR]

It was then called the Mental Act, 2005, POA came in 2007

[knitnat]

Thanks everyone. Its actually my parents that are doing it but my situation is the same as you TWR I'm not interested in their money but I know if my sister had control by herself they'd soon be penniless. Unfortunately my parents have every faith in her. Families !!!!!

[TWR]

If you get the Power Of Protection Order Knitnat, get your self an accounts book, get a receipt for EVERYTHING & ANYTHING you spend on, even stamps / phone calls / as they all add up, believe me I'm still there, if you have a scanner duplicate your receipts & you keep the Original in the account book, If you are parking your car in the course of your duties & use a Pay & Display, keep the Receipts because when there is money involved that's when you see when the vermin coming out of their holes, I know, I have kept one at bay. If you need advise do not make do with "I THINK" ask your Solicitor, If you do a lot of work yourself It can save you save lot as I did, the Total cost through a Solicitor approx. £1600 + £400 for the Order, you might need a G.P. Certification if it's dementia, that will cost as it did with me £90 but you can claim this back, you are in a very tricky spot here if your parents have full trust in your Sister, given chance I would burn the funds rather that letting my so-called brother have it, Nasty! No, I do not like people like that. Good Luck x

[knitnat]

I know exactly how you feel TWR I too have said I would rather burn the money than my sister get it. The problem I have is the solicitor my parents are using is a friend of my sister which makes me even more suspicious.

[TWR]

Good Morning, I would ask your Sister in the presence of your Parents would she mind getting a Accounts book, if she objects I would advise her that "Just In Case" this will be reported to the police to be put on file for your protection ( I had already done that in my case) but that thing (Brother) is a devious basd, I am one strep ahead but he does not know that! regards the Solicitor, he dare not put him / her self in a position y could get struck off for miss conduct In-turn would then loose him his status & reputation, but whatever you do " Depending on your relationship with your parents, keep them informed of your concern, If possible If you are discussing your parents affairs with your Sister try & tape the conversation, this I have done in the past in an employment Issue I had, & Did Help Me later.