A question regarding mum's financial affairs if I'm not around..

Snuffette

Registered User
Jan 11, 2021
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Morning all - a quick question that flew into my head very early this morning. Mum is self funding in care, I have both Health & Welfare & Financial LPA. My sister hasn't been in touch for well over 5 years, no contact with me or mum at all, therefore everything has fallen to me. If I were run over by a bus and mum was left on her own, what would happen to the finances? Do I need to instruct a solicitor? My husband quite rightly, doesn't want any involvement. Ta.
 

canary

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Feb 25, 2014
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South coast
Hi @Snuffette . Is anyone else named on your mums POA? If so, then if anything happens to you it would be up to the other attorney to deal with things. If not, is your mum able to change this POA? I would guess not, in which case a solicitor can do nothing at this point. You cannot make arrangement yourself about what would happen in the event of your death. If there is no-one else on the POA and your mum does not have the capacity to make a new POA, then what will happen in the event of your death is that someone will have to apply to the Court of Protection for deputyship. If there are no relatives able and/or willing to do this, then Social Services will apply and the court will appoint a solicitor as deputy.
 

Grannie G

Volunteer Moderator
Apr 3, 2006
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Kent
My husband and son were named on my LPA. When my husband died I included my eldest granddaughter as the second name.

I`m glad this was sorted well before I might need it to be used. I`d recommend it for anyone living alone just for peace of mind and to make life easier for those left behind.
 

Snuffette

Registered User
Jan 11, 2021
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Thanks both - only me named as have a sister but not been around for over 5 years and doesn't want anything to do with me or mum. Mum doesn't have capacity now to change her LPA's, not that my sister would want to be involved anyway.
 

northumbrian_k

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Mar 2, 2017
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Newcastle
My wife's son is a joint and several attorney for her 2 Lasting Powers of Attorney. He has had no input to financial or health decisions in over 5 years (his choice) but is known to her care home. If I don't come home from a cycle ride, for example, or am otherwise incapacitated, he will need to step in.

That is only relevant if a second or replacement attorney was named originally or the Donor has capacity to make a new LPA. This doesn't apply in your case @Snuffette

I revoked my LPsA when one of my attorneys lost capacity and I became estranged from the other. I see the value in remaking them whilst I still can but can't think of 1 person who might act as Attorney nevermind a second. If it comes down to it then Social Services will need to step in.
 

Snuffette

Registered User
Jan 11, 2021
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Hi both - I am the only attorney. My "sister" would've been the only other person for mum to nominate, however she hasn't spoken to me or mum, or even enquired as to how mum is - in over 5 years.
 

Violet Jane

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Aug 23, 2021
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An alternative for a property and financial affairs attorney could be a solicitor. My husband is one of two F&P attorneys for an elderly friend. A solicitor from the firm that she has used for years is the back-up.
 

Grannie G

Volunteer Moderator
Apr 3, 2006
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Kent
Yes, when I helped to care for my neighbour he did have family but no one wanted to know. His solicitor became the Power of Attorney and he was the person I was in contact with if there were any problems.
 

nita

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Dec 30, 2011
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Essex
I think you have to name any replacement attorneys (in the event that you can't carry out the role) on the original LPA - that includes if you want to name a solicitor as replacement. You won't be able to change that now @Snuffette .
 

marionq

Registered User
Apr 24, 2013
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Scotland
Don’t know if this will be relevant but I’ll give you the gist. If your mother has any input from the local authority then they may be willing to step up to access her account and continue to pay her fees. I was involved in such a situation when my husbands sister was taken into care in May 2020. John had died some months earlier and no one else was willing to sort out her affairs. Although I had all the information there was no POA and in discussions with the Local Authority they would have liked me to become her Deputy/Guardian. I refused.

After further discussions and with all the problems of Covid we agreed that I would be her next of kin but they would pay her bills until such time as they could access her bank account through their own solicitor. By this time she had been diagnosed with cancer so they knew it would not be that long to wait. She died in August 2021 and fortunately we had a pre paid funeral plan for her which took care of that part. As far as I know the rest is going forward as planned. If it all goes pear shaped I will let you know but I am assured there should be no difficulty. One final point. Her bank has a bereavement department which got in touch with me a couple of months ago and when I explained the situation they were very relaxed about it and said that was not uncommon and they would wait to be contacted by the appointed solicitor.
 

Cazcaz

Registered User
Apr 3, 2021
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Thank you Violet Jane. I did wonder about a solicitor.
you can not set this up.

if you are the only name on lpa and your mother no longer has capacity, the only option is for someone else to apply for deputyship from the court of protection if anything happens to you.

Nothing now can be arranged until/unless you are not able to carry out attorney’s duties.
 

Violet Jane

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Aug 23, 2021
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You're quite right, Cazcaz, about a person who has lost capacity not being able to change his/her PoA. I think that I was thinking in general terms about who a donor could appoint if s/he couldn't think of a second / back-up attorney when drawing up the PoA.
 

Cazcaz

Registered User
Apr 3, 2021
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You're quite right, Cazcaz, about a person who has lost capacity not being able to change his/her PoA. I think that I was thinking in general terms about who a donor could appoint if s/he couldn't think of a second / back-up attorney when drawing up the PoA.
I understand that. I only wanted to clarify that nothing can be done now in case @Snuffette thought you were suggesting involving a solicitor now, it’s too late now.
 

Shedrech

Registered User
Dec 15, 2012
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UK
hi @Snuffette
I wonder whether you have someone in mind who would be willing to step in and take on the role of Deputy
if so, maybe look at the application forms and see if the 2 of you together can begin filling them ... that may mean that the person could actually apply pretty immediately .... of course, should they change their mind, nothing is lost as a professional Deputy would then be appointed
 

Snuffette

Registered User
Jan 11, 2021
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Thanks all. Not sure I can deal with more stuff at the moment, will think on in the NY.
 

MartinWL

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Jun 12, 2020
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London
hi @Snuffette
I wonder whether you have someone in mind who would be willing to step in and take on the role of Deputy
if so, maybe look at the application forms and see if the 2 of you together can begin filling them ... that may mean that the person could actually apply pretty immediately .... of course, should they change their mind, nothing is lost as a professional Deputy would then be appointed
That's a good idea. Whatever the application forms may contain the court has wide powers and could appoint a deputy with a condition that he/she couldn't act until you were unable to. Not a common situation so a specialist solicitor would be useful.