Bit of a long story but all advice welcome.
I've had power of attorney for health and financial affairs for a couple who are family friends for a few years now.
The wife had just died and I'm going to her funeral next week. Hubby is still alive and I'll have a few days with him afterwards to sort some stuff out so my first question is what should I make sure I get from him?
The other factor is that he has just been diagnosed with heart failure. I don't have details of this diagnosis yet so I don't know how advanced it is but obviously that's something which is going to progress and I suspect that he will not look after himself and will need care in the not too distant future. Any advice on how that works in England would also be appreciated.
I'm keen to give him as good an end as possible as they have been my parents' best friends for nearly 50 years but the fact that I live in the Highlands and he lives in Dunstable doesn't make that easy!
Thanks.
I think that the first thing is to check that you can make choices in the absence of his wife, ie you have "jointly and severally" decision making.
The LPA will need updating/cancelling if she's an attorney https://www.gov.uk/power-of-attorney/changes-you-need-to-report
The wife had just died and I'm going to her funeral next week. Hubby is still alive and I'll have a few days with him afterwards to sort some stuff out so my first question is what should I make sure I get from him?
Any joint account stuff, joint names on the home ownership etc. It'll all need changing over. Any subscriptions, payments, prescriptions, bills (like mobile phone?) that she had will need to be cancelled.
Most companies now have half-decent processes in place to deal with death of a customer but you'll need the proof of PoA.
As long-term family friends, you'll know this better than anyone on here responding but have a think about your approach - might not be the best idea ever to sit down the day after the funeral and go "right, what mobile plan was she on then?".
Best wishes with it all and remember to take some time out for yourself as well.
Most companies now have half-decent processes in place to deal with death of a customer
IME,
Some companies have a specific team to deal with bereavement. It's worth asking for this explicitly. One company gave me a right runaround until on like my 4th call the handler went "oh, you want our Bereavement Department" and they couldn't have been more helpful.
The PoA for the deceased is automatically terminated and has no relevance to dealing with their affairs. That’s the job of their executor. What’s the situation with the will, do you know?
That’s the job of their executor. What’s the situation with the will, do you know
So I think the set up was/is that they had POA for each other and were each other's executor but as she is now deceased both of those pass to me for him.
He has done all the needful stuff around registering his wife's death and closing accounts etc.
Thanks for all the advice folks.
As far as his care is concerned; assuming that he's hospitalised for his heart problems then Occupational Therapists will assess him in hospital.
I think that they rope the local County Council's (CC) social services team in for home assessment and care.
There's nothing to stop him making enquiries with the CC before he goes anywhere near treatment
So I think the set up was/is that they had POA for each other and were each other's executor but as she is now deceased both of those pass to me for him.
Note there are two ways for a financial PoA to work: either, it's active now and you can act on your dad's behalf with his permission, or else you can only act when he loses capacity. The welfare PoA is only ever the second type. Scotland doesn't have such a clear setup with two distinct documents.
Come to think of it, do you even have both forms of PoA? They are entirely separate documents, you can have either one without the other. You may only have the welfare PoA in which case it just isn't applicable at present.
Come to think of it, do you even have both forms of PoA?
I have two PoAs one for welfare and one for financial affairs.
Capacity is "decision specific" in accordance with the Mental Capacity Act 2005 (LPA falls under this legislation). This is really important, as is means that someone doesn't "have" or "not have" mental capacity. Someone may have a cognitive impairment, but may be able to choose what clothes to wear, or what meal they would like.
In terms of Health and Welfare, as LPA you can make a decision on their behalf if they are found not to be able make the decision for themselves. This is often around care and accommodation. I would advise having a conversation at some stage around what his wishes are. It is incumbent on an LPA to make a decision which is 1. in the person's best interest 2. least restrictive 3. the decision they would make themselves if able.
Re local authority and funding. If someone has over £23,250 they are classed as self funding. If under, the LA will make a contribution on a sliding scale following financial assessment. Properties are not taken into account for care at home. They are taken into account for residential care.
I had PoAs for my younger brother and mother, both now deceased. I was told recently that once you get through the switchboard to leave a voice message it's filtered by AI, so it helps to use words like bereaved, deceased, etc. which trigger it to put you through to the right people.