1. Lyd

    Lyd Registered User

    May 27, 2019
    28
    my other half and i have a POA for MIL recently diagnosed with alzheimers. we do need to activate them but have no idea how. what do we do?
     
  2. marionq

    marionq Registered User

    Apr 24, 2013
    5,746
    Female
    Scotland
    I must admit I did nothing until I started getting asked for the POA. It had been registered immediately and then sat in a file for several years while he was "mild". Once he found it harder to answer for himself at doctors, dentists etc I took copies with me to various services which they copied and kept. Keep the original yourself. Banks and other services are probably where you need to start.
     
  3. canary

    canary Registered User

    Feb 25, 2014
    9,871
    Female
    South coast
    If its not been registered you need to send it to the Office of Public Guardians - if you are not sure whether or not it has been then you can contact them to ask.

    Once it has been registered with OPG you are good to go. The best place to start is the bank. Go and ask for an appointment with the manager and tell them its about POA. You will need the original POA and some ID, but exactly what varies from bank to bank - they should tell you. There is no need for your MIL to attend.
     
  4. Sirena

    Sirena Registered User

    Feb 27, 2018
    1,414
    Female
    When you start using the POA make sure you don't let the original out of your sight. If you need to send it off in the post at all, you will need to send a certified copy. Copies do not reliably get returned so if you are likely to need to send a few, make your life easier by getting several certified copies at once. A solicitor can do this for you, there will be a charge for it (my mother's were £25 each).
     
  5. crazyerduck

    crazyerduck Registered User

    Jan 3, 2019
    22
    Hi Lyd,

    As others have mentioned the first questions are have you registered the POA with the Office of Public Guardianship? Do you have both a financial LPA and health LPA? For the finance one, when it was signed did the donor tick that they would allow decisions to be made from now or only when lost capacity?

    If it was only when lost capacity then the process might be slightly different, for my experience, my father did agree for us to manage his finances whilst he still had capacity, so once the Finance LPA was registered with the OPG (takes a few weeks to register) then we just kept hold of it until my father could no longer manage his finances. Then it didn't need activating, just registering it with the various places - so as others mentioned the bank is one of the first points of call, they are used to registering them but you do need to make an appointment usually. Sirena is right, do not send off your original copy of the LPA at any point, they should always accept certified copies - if your MIL still has capacity she can certify the copies herself, if not will require a solicitor to do them, but shop around as rates vary greatly. Then look at who your MIL receives money from and who she sends money to and call each of them to ask them what their process is to register the LPA with them so that you can deal with them directly - e.g. any private pensions / state pension, the DWP if they are receiving any benefits, any insurances they have (e.g. life), any bills such as council tax, mortgage provider, electricity/water/gas/phone providers etc.

    Take it one step at a time, there is no urgency to register it at all of them immediately, only the ones you need to speak to as generally they won't speak to you without your MIL being present otherwise.
     
  6. Sirena

    Sirena Registered User

    Feb 27, 2018
    1,414
    Female
    In theory yes, but one member recently said a financial institution - I think it was a bank, someonelse might remember - refused to accept a copy certified by the donor (i.e. in this case the MIL).
     
  7. Lyd

    Lyd Registered User

    May 27, 2019
    28
    Thank you all this is all really helpful. Have made apt with the bank for next week. Its so tiring sometimes. L
     
  8. Shedrech

    Shedrech Volunteer Moderator

    Dec 15, 2012
    7,738
    Yorkshire
    hi @Lyd
    you mention that your MIL was only recently diagnosed
    a diagnosis doesn't of itself mean that the person no longer has capacity to manage their own affairs, that may not be the case for some years
    lots of things can be done, by someone helping, with the person's permission
    if the LPA for finance & property has been registered with the OPG then the Attorneys may help with tasks, following the donor's instructions, eg write a change of address letter for the donor to sign
    it may be that your MIL has capacity to make decisions, so your responsibility is to support her in taking action

    the LPA for health and welfare only comes into effect when the donor no longer has capacity

    I didn't contact any bodies with the LPA until dad no longer had capacity (he'd moved into his care home by then and couldn't manage his affairs) ... until then, his bank were happy to know that the LPA was in place and that dad had given his permission to have me help him in front of his account manager ... in fact, when I took the certified copy of the LPA to them so that I could take on full management of his accounts, the manager was careful to check that dad could no longer manage his affairs (I took in confirmation of his move into the care home) because according to their regulations, dad would have no more access to his accounts himself (I believe other banks may allow some access as agreed by all parties concerned)
    in effect, by 'actioning' an LPA with an institution an Attorney is confirming that the donor no longer has the capacity to manage their own affairs for themselves and therefore the Attorney is taking on full control, acting in the best financial interests of the donor
    I just wanted to mention this in case you thought the LPAs had to be 'actioned' on diagnosis rather than when the donor no longer has capacity ... it definitely is best to have LPAs registered with the OPG as soon as they are completed, so they can be kept safe and are 'good to go'
     
  9. Lyd

    Lyd Registered User

    May 27, 2019
    28
    Thank you thats really helpful Shedrech. Sadly though she has only recently recieved a diagnosis her lack of capacity to make health and welfare decisions was the factor that triggered her doctor to refer to the memory clinic. I should have made that clear sorry. It has all been really difficult, doctors refusing to talk to us while at the same time expecting us to make informed caring decisions with no information. She is still refusing to access any support or care but at least now we are in the loop. The diagnosis has opened doors I think even though I know capacity doesnt work like that.
     
  10. Shedrech

    Shedrech Volunteer Moderator

    Dec 15, 2012
    7,738
    Yorkshire
    ah, then it's good you do have the LPAs in place, and available to waft under the noses of all concerned (though do not let the originals out of your sight and grasp) … I'm really not sure why the medics won't consult with you, as family and Attorneys you have a right to be part of discussions
    maybe have a chat with your mum's GP and ask that the LPA be written on your mum's medical notes, so at least you can then refer any other medics to her records
     
  11. Lyd

    Lyd Registered User

    May 27, 2019
    28
    they talk to us now but not until I refused to talk to them back in a series of convernsations which included this one:
    Dr "Your mum has hitchhiked to the GP's surgery and the stranger who gave her a lift is waiting to take her home but we are concerned and I have told her you need to pick her up."
    Me "Sure, i have been concerned about her health what are you treating her for?"
    Dr "Unfortunately I cant let you know that because she has requested me not to discuss her health".
    Me "Mmmm. thats a dilemma. She has been ill repeatedly for the last 2 weeks and recieved medication which doesnt appear to be working. But then on the other hand if she has capacity to refuse to include us in her care she probably also has capacity to decide to accept lifts with strangers so perhaps I dont need to come...."
     

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