Power of Attorney

[davidk65]

An 84 year old friend, living on their own, feels they are being pressurized to grant their son-in-law lasting power of attorney.
The individual concerned has asked me for advice which I have refused to give, not wishing to get between them and their family.
My friends main concern appears to be if they do this, does the person named as the attorney automatically have access to the money and any assets they have and if so is there any way to prevent this other than refusing to do it?

[sammmo]

My brother and I have filled in the forms which allow us to get POA when or if our mother is to ill to manage her own finances..These forms are all filled in but to make them legal my brother and i have to go to the courts to make the legal..If your friend is well theres no need for her to make anyone the power of attorney but it is advisable to have the forms completed ready for whoever is going to look after there finances, as and when necessary.. Tell your friend to make 2 people POA that way they both have to agree to the way the money is spent..

[samak]

Just refuse to do it.
Danger, danger.

[Postdog]

Could you not suggest to your friend that if she has reasons for doing this, she does so with someone she feels she can trust?

[dzug2]

The Attorney would have full control over the finances yes. Legally they have to run them for the benefit of the donor (and in consultation with them if they are still capable of understanding) and it's fraud if they do anything else. Very difficult to police though.

However you friend is being extremely foolish not to have a power of attorney lined up - it saves huge bother and expense if she becomes incapable of running her own affairs.


What matters is that it should be someone she can trust. The son in law would be an ideal choice if she can trust him. It's not clear whether he is 'pressurising' her (which isn't allowed if it's more than just suggesting) because he can see future problems that will land up in his patch if she does nothing or for dishonest reasons

[atalanta]

Go to the website of the Public Guardian, (OPG) then go to the Citizens Advice bureau. You can make a Power of Attorney arrangement so it is conditional ( only comes into force if a doctor declares the person can't make decisions) or partial ( the Attorney doesn't get powers to sell the persons house) or even temporary - for a year only, with someone else to take over after that.
The attorney can be a solicitor if a member of the family can't be trusted. And you can even name two people who must act in agreement.
But having to go to the Court of Protection if you need to get these powers and the person is incompetent and yet refuses, can be an expensive nightmare lasting over 2 years.
Been there, done that

[stevepett]

Under a Lasting Power of Attorney, the attorneys do NOT automatically gain full control over bank accounts, unless the donor is unable to make decisions and os likely to remain that way for too long a period for the specific decisions required to be made.
Provided the donor remains mentally competent, they must be consulted, and if the attorney seen to be making decisions that are not in the donors best interests, they can be in big trouble.
Appointing a joint attorney is good, but if they are both required to agree before anything can be done, and one dies or refuses to act, the LPA is effectively cancelled.
Is it a matter that the son in law is not trusted, or that the client doesn't want to consider that they just could be amongst the 60% or so of us who will lose mental capacity at some time in their lives?
If he is not trusted, then he must not be appointed. Media URL: http://www.LPAuk.com
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[albaqwerty]

Is the 84 year old friend having any difficulties with which year it is etc (OK, I'll get nasty and to the point, have they been diagnosed with alzheimer;s disease) ?

If yes and you are just a family friend, there is nothing you an do about it sorry

[davidk65]

Thank you for all the responses.
The latest is that my friend is bowing to the pressure being applied.