[Closed] Power of Attorney

I did it for my mum and it basically let me pay her bills without any issues. As for doing it for someone else then you need to find out if any relitives are going to have issues with it. Make sure you are squeeky clean and no one can accuse you of any wrong doing because someone is bound to.

I assume it's a 'property and financial affairs' one as these can be activated before loss of capacity

They re quite onerous. Just check through OPG guidance etc. Perhaps a co attorney to make the day to day decisions less onerous? Make sure it's joint and several so you don't have to act unanimously

You will have a duty to keep accounts of transactions amongst other things

You can claim your expenses

You need to be very careful about their mental capacity now, even record a detailed note and seek OPG guidance if there's any doubt. A solicitor acting as a certificate provider will make this a safer bet if there is any doubt

You need to make sure that you both get proper advice, and that the POA is watertight, in terms of validating present mental capacity. As above, involving solicitors and making sure that wishes are documented properly.

Basically cover all bases in case there is a challenge from some relative or other that you exploited his/her mental vulnerability etc etc.

Validating mental capacity isn't really the OP's problem, but having to fend off irate relatives might be. That's where I would focus my attention. And also, though you can DIY the PoA forms, I'd also suggest the donor employing the services and advice of a solicitor unless you are very confident of avoiding future problems.

And, keep records of what you do for them and don't ever mix your finances, as you may need to prove you've been squeaky clean. Ultimately if someone makes it difficult you can always walk away but do need to be able to show you've not done anything improper.

As above, the need to be squeaky clean and a solicitor is essential IMO. How well do you know this person? What is expected of you now and in the future?

I have POA over my Mother and even with no siblings or outside factors to consider I have to be very careful that everything done is in her best interests. It's not something to be taken lightly and may involve a fair amount of work in the future.

I seem to be saying this a lot lately but,

I've just gone through this. One thing I wasn't aware of is that the person can (should) have more than one nominated PoA and I forget the legalese but they can either be joint or primary / secondary. In the former case, either can act independently to help the person out; in the latter, the secondary is only involved if the primaries aren't available (eg, deceased).

In your situation I'd be asking what arrangements were being made with other POAs.

We act professionally for a few people, it is quite onerous. We only ever act for Property and Financial Affairs, never for Health and Welfare.

When acting as an attorney you are bound by the Mental Capacity Act to act in the person's best interest at all times, even if it conflicts with your own. You should to the best of your ability make decisions that have the least impact on the person and make decisions that are to the best of your knowledge closest to that they would have made for themselves. Ask yourself, do you know that person well enough?

What assets would they choose to sell first to pay for their care, which investments would they cash in.

How much does he give family members or friends for birthdays or Xmas and should you continue to do it if he has lost capacity? You can but should you.

When and how should you apply the test for capacity (there are two) to decide if he is able to make his own decision or if you need to make it for him. Just because he makes an unwise decision doesn't mean he lacks capacity.

If they are asking for you to act for Health and Welfare ask yourself how would you respond to a consultant saying 'Mr X has had a cardiac arrest, and is likely to have another one in the next 24 - 48 hours if he does should we treat him, should we try to resuscitate?' It happened to me with my father in law - it's a tough question to answer even when you have discussed it with the person in advance.

As I said, we get paid to act as attorney for people, but refuse most requests because we simply don't know the client well enough.

You can't get paid for being an attorney, unless you are acting as a professional (with Indemnity Insurance) or if there is a specific instruction in the power of attorney permitting it. I would only act for free for my Wife, my Mum and Dad or one of my children. Beyond that it would be a know.

Read the five principles of the mental capacity act, and brush up on the practical and functional tests for assessing capacity before you make a decision.

https://www.legislation.gov.uk/ukpga/2005/9/section/1

https://www.legislation.gov.uk/ukpga/2005/9/section/3

If you want to find out more drop me a PM and we can arrange a chat.

Hope that helps.
Nick.

NJA Great post.

I have POA - Health and welfare for my parents and my aunt. I sat down and discussed parameters for when to withdraw treatment and dnacpr etc so I know their wishes.

I refused a financial POA for them all - I am too much the idiot with money

I had full POA for my parents from a while ago, it was very useful as my dad was for some time ill (with a stroke) and my mum was latterly beyond competence in her affairs (losing money and so on). Wasn't a problem, but I didn't have to fend off irate relatives or siblings.

I'm not sure I'd do the same for a neighbour even if they believe it to be a good thing.

I've had the lasting power of attorney (assuming that's what the op means) for my Dad for 12 years. It was put in place when my mum was dying to enable my sister and I to deal with their chaotic finances. He is compus mentus but prefers leaving some dealings to us. Once registered with them the banks don't question authority.