1. trying too hard!

    trying too hard! New member

    Aug 28, 2019
    5
    #1 trying too hard!, Dec 6, 2019
    Last edited: Dec 6, 2019
    Hi
    I joined a while ago, and then things got a bit , well, sticky, and I have not been able to follow on.
    So, My Dad was officially Mum's carer, and died last Sunday. Not a week yet feels unreal. Yes I am rambling a bit.
    So we had sent off the registration for her enduring power of attorney, which has not yet come through. We just did not expect Dad to go yet so it was not urgent. I had a sensitivity about it, because I felt I was taking the role from Dad by doing it and wanted him to retain control. Now he is gone and, of course all joint accounts go to her but she cannot do anything with them, and I do not have the authority until the registration comes through. My brother and I are joint attorney's and trustees and executors for Dad, but how do I deal with paying billls for Mum meanwhile?

    Anyone advise?

    Also they had EPAs, not LPAs so the health side is not covered. I have been told to get deputyship, but hadn't heard of it before? Anyone know?


    Thanks
     
  2. sausagedog

    sausagedog Registered User

    Aug 22, 2019
    65
    So sorry for your loss.

    If you don’t have power of attorney for your your mum then you or your brother will need to apply for Deputyship. If you google it, it will give you all the info etc. Unfortunately, this can take months to sort out as the OPG is slow. I would speak to anyone owed money and explain the position - this kind of thing happens a lot so please do not worry, you’ve enough to deal with right now .
     
  3. theunknown

    theunknown Registered User

    Apr 17, 2015
    385
    Hello - sorry you're going through this. My mum died on the 24th and prior to that I had deputyship for her. It's certainly a more complicated process if you don't have power of attorney, and also expensive. Once you've got it you're able to access finance on the PWD's behalf and pay yourself back any expenses garnered in the meantime, eg care fees, solicitors, house sale/clearence, etc - anything that would normally have been funded by the person you have deputyship for. But as you're going through a court process it takes time. In my mum's case I was lucky to have a partner who, financially, subsidised everything. I didn't have the finances and when deputyship was confirmed he was owed around £7000 that he'd paid out over the course of months, not years. The OPG confirmed that I could pay the money back to him from my mum's accounts. So many people won't be in that position and I know I was 'lucky'.

    It seems to be so much easier if POA has been established. My husband and I, in our 50s, set this up this year because of my experience. It's also very hard to establish a 'health and welfare' deputyship - it tends to be just a financial legal right to access, so the poor sod with Alzheimer's/dementia is able to have some sort of life when they can no longer organise it themselves. My abiding hope is that at some point 'social care' will be on a par with health care. Unfortunately I think we're going in the opposite direction and how social care is financed will leak into health care. My thoughts are with you on being in the position where you need to worry about these things.
     
  4. Bod

    Bod Registered User

    Aug 30, 2013
    1,206
    Be aware that EPA's stopped being used in 2007, but depending on the paperwork you sent to the OPG, it may be issued.
    If a new Lasting Power of Attorney is not now a possibility, then the Deputyship route must be used.
    https://assets.publishing.service.g...287864/EPA101_Guidance_apply_register_EPA.pdf
    Page 9

    Bod
     
  5. canary

    canary Registered User

    Feb 25, 2014
    11,146
    Female
    South coast
    I hope the POA goes through with no problems.
    The Court of Protection do not generally issue Health and welfare deputyship, so you are unlikely to get it, but you wouldnt receive a refund, so you would just lose the money if you went for it.
     
  6. Sirena

    Sirena Registered User

    Feb 27, 2018
    1,995
    Female
    There shouldn't be any problem with the EPA

    "You can no longer make an EPA. However, if you made an EPA before October 1 2007 and it was correctly filled in, it is still valid and can still be registered and used."

    https://www.alzheimers.org.uk/get-support/legal-financial/lasting-power-of-attorney-faq

    In the meantime, is she able to sign her name - could you write cheques to pay her bills and ask her to sign them? Or are you able to pay them on her behalf and then refund yourself later?

    There is no point in pursuing a deputyship if the EPA is valid, because as Canary says deputyship only applies to finances. Re the health/welfare side, don't worry too much. I only have financial LPA for my mother, not H&W, and it hasn't been a problem. I've been organising her care for several years and all her carers and medical staff have been happy to deal with me as next of kin.
     

Share This Page

  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.
  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.