Fao Barmaid

[Bobbisox1]

Hi, sorry to bother you but in layman’s terms please can you tell me what Power of Attorney is?
I am named as a 1of 3 people to be P of A , I have the letter sent to me by a solicitor acting for our friends, this was in 2024 and to be honest I put it with all other official papers, now the make friend ( couple) is terminal and so it’s made me look more closely at the copy, a lot is in legal jargon , I’m aware that each who has this P of A will all have to agree on aspects of it, I’m afraid his wife will not be able to cope let alone make decisions as he’s always done everything for her, she’s obviously the first named in the document, I hope this doesn’t sound silly ?

[TonyV]

What year was it bobbi surely you cannot see into the future 2024?

[Old_Geezer]

As I understand it, it gives you legal right to make decisions on the other person's behalf. I'm unsure how it works if there's more than one and they disagree.

[Bobbisox1]

Oops typo Tony ( blame the unearthly hour I was up) should be 2014

[Bobbisox1]

Thanks O_G but I really can’t see a ‘disagreement’ , the couple in question have no siblings but have property

[TonyV]

OK sure I will be making some typos later on. Lucky jen prefers procesecco and not the real thing.

[Bobbisox1]

I went back to bed and have just got up again,OH has read and reread the letter to see what we can make of it and it appears the spouse of the one that outlives the other one, has 1st P of A, my name appears at the top of the letter saying I had 3 weeks to register ( which I did) but goes on naming the males sister and my daughter as second and third P of A, so thankfully I’m not but am unclear why I’m named as ‘being told’, could this be if the death was sudden and I’d have then to inform both parties mentioned?

[TonyV]

I cannot get any sense out of my brother about what's happening with my Mums estate. He and my sister where left as executors, me as beneficiary as I was so young at the time. Will get my solicitor back on case in the new year. He says I have a good case.

[ubasses]

First clarify if the POA is joint or joint and severally. The first means you all have to agree and sign any transaction, the latter any of the Attorneys can act alone. (though always best to keep everyone informed)
Check that you are a main Attorney and not a replacement should the wife not be able to act.
If the wife still has mental capacity, you will not be able to action the Health POA. She will also authorise when and what she wants you to do with the wealth POA, at that time it will need to be registered with her Banks etc and they will need to see the original or a Certified Copy.
Hope that helps a bit until Barmaid comes along.

[Old_Geezer]

Ah, if there is an order of priority then perhaps you don't get called on to do anything until the ones above you are dead or incapacitated ?

[Ellipsis]

See:

https://www.ageuk.org.uk/information-advice/money-legal/legal-issues/power-of-attorney/

[Bobbisox1]

thank you all, and Ellipsis I found that very helpful too

[Bobbisox1]

yes it did Ubasses, very much so

[bednobs]

you might well just be a person that has to be informed (to prevent the Powers of attourney just registering it to do naughty deeds) rather than an actual PoA

[Bobbisox1]

I believe that’s the case bednobs,
Like a referee? ( hope not)
But it looks like me ( donor) will be there so the P of As sing from the same hymn sheet so to speak
Thanks bd, appreciate your input

[DanFlo]

A lasting power of attorney ( LPA ) is a legal document that lets you (the 'donor') appoint one or more people (known as 'attorneys') to help you make decisions or to make decisions on your behalf. ... You must be 18 or over and have mental capacity (the ability to make your own decisions) when you make your LPA .

[Bobbisox1]

Thanks DF, I think it’s much clearer to me now

[Barmaid]

Sorry i only just saw this. I'm not sure I can add much. But if your only role is as person to be notified you need not do anything.

[Bobbisox1]

Thank you BM, I can remember ‘registering’ the carefully putting the document in a safe place , what it is, my friend who’s husband is now terminal,she now wants to take a nephew on her side out of their joint will as her husband sees him as a take all and doesn’t want him to have anything at all, he’s in their current Will as getting 25% of their estate, he’s the lady’s only living relative and she’s told me she would like him omitted from their Will,and could I help her,I said I’d go to her Solicitors with her but that’s all I can do, just be their in a support role , He’s becoming too poorly to go but he’s still of sound mind, can Solicitors visit at home, or would that be up to the solicitor concerned ?

[Barmaid]

Most solicitors will do a home visit. Prob best to contact their existing solr. If not choose a member of STEP. (Society of trust and estate practitioners). The will and LPA are entirely separate and unrelated.

[Bobbisox1]

Many thanks, I’ll gently mention this to my friend