Hi, my friends on this site. My OH has been suffering with dementia for at least 4 years now and have today decided together that we should prepare to have an LPA. Advice needed please, should our joint account be left as it is and also our home is in joint names is it best to be left like this any advice will be greatly appreciated, thanks in advance.
Lasting Power of Attorney
- Thread starter oliviajuliette
- Start date
Hello Oliviajuliette, l did nothing until my husband went into a CH. I still have a joint bank account as my husbands pensions still go into it.
I did not have POA l have applied for Deputyship. I changed my will leaving my half of the property to our sons.
Incase l die before my husband. Changed to tennants in common from joint names re Land Registery. All done by my solicitor.
I did not have POA l have applied for Deputyship. I changed my will leaving my half of the property to our sons.
Incase l die before my husband. Changed to tennants in common from joint names re Land Registery. All done by my solicitor.
Hi oliviajuliette
a good idea to get the LPAs (finance & property and health & welfare) sorted out - maybe do yours too, none of us know what's around the corner - do think of having more than one Attorney and to act jointly and severally, maybe even have a replacement Attorney named too
https://www.gov.uk/power-of-attorney/overview
should your husband move into a care home, your house is not taken into account for funding as you are his spouse and will continue to live in it
it may be a good idea to separate out your finances, so it's easy for the LA to see what is not your husband's if a financial assessment is done - maybe have a chat with CAB
and the AS helpline support team have a lot of knowledge so a call to them may put your mind at ease:
0300 222 1122 or by email at helpline@alzheimers.org.uk.
The helpline is usually open from 9am to 5pm Monday to Friday, and from 10am - 4pm at weekends
best wishes
a good idea to get the LPAs (finance & property and health & welfare) sorted out - maybe do yours too, none of us know what's around the corner - do think of having more than one Attorney and to act jointly and severally, maybe even have a replacement Attorney named too
https://www.gov.uk/power-of-attorney/overview
should your husband move into a care home, your house is not taken into account for funding as you are his spouse and will continue to live in it
it may be a good idea to separate out your finances, so it's easy for the LA to see what is not your husband's if a financial assessment is done - maybe have a chat with CAB
and the AS helpline support team have a lot of knowledge so a call to them may put your mind at ease:
0300 222 1122 or by email at helpline@alzheimers.org.uk.
The helpline is usually open from 9am to 5pm Monday to Friday, and from 10am - 4pm at weekends
best wishes
Thank you so much for your reply pamann. I will look into Deputyship as I have not heard of it before. What is tenants in common Ive not heard of that? Regards
Thank you Shedrech for your advice and of course you are so right we do not know what is around the corner. Thanks also for the telephone number and e mail address. This site is so helpful don't know what I would have done without it, thanks again and regards
I certainly wouldn't choose a deputyship in preference to an LPA. Where someone has lost capacity and there is no LPA, then you are left with having to set up a deputyship - which I think will be more complicated and more expensive.
LPA should definitely be the way to go if your OH has capacity to create one and is willing to do so.
One of the attorney's duties is to keep the donor's finances separate from their own. That will be simpler if you don't rely on just having a joint account. (If this is likely to be confusing or problematic to discuss with your OH, then don't; just do what you have to after you have the LPA created and registered). His income goes into his own separate account (under your control), his contribution to household costs etc comes from his account, and the accounting is much simpler.
Becoming a deputy for a person with dementia
https://www.alzheimers.org.uk/site/scripts/documents_info.php?documentID=2478
LPA should definitely be the way to go if your OH has capacity to create one and is willing to do so.
One of the attorney's duties is to keep the donor's finances separate from their own. That will be simpler if you don't rely on just having a joint account. (If this is likely to be confusing or problematic to discuss with your OH, then don't; just do what you have to after you have the LPA created and registered). His income goes into his own separate account (under your control), his contribution to household costs etc comes from his account, and the accounting is much simpler.
Becoming a deputy for a person with dementia
https://www.alzheimers.org.uk/site/scripts/documents_info.php?documentID=2478
It is usually best for people with dementia to choose someone, while they can, using what is known as a Lasting Power of Attorney. If they haven't done this, then someone can take on this decision-making role by becoming a deputy.
Hello Olivia, if your hus and has mental capacity, you will Be able to get LPA, we didn't have it, my husband has no mental capacity so he could not understand or sign anything, l have applied for Deputyship for Health and Welfare, l do not need it for finances.
I think lasting power of attorney is vital. We sorted it on the advice of our financial adviser in the very early days even before Mick's diagnosis. I have it for property and finance and for health and wellbeing for him. We named our sons as taking over if ever I can't do it so it wouldn't have to be done again. I have used it in many situations including selling and buying a more suitable house, sorting out pension options Mick received, the bank and when we moved and registered with a new doctor.
I have also done mine already for our sons as I don't ever want them to be in the difficult situations we faced with both our mothers. It is in place for when it could be needed in the future. In the difficult situation of Alzheimer's it makes life easier and making things easier when possible is my mantra. Good luck.
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I agree. We were advised to have Lasting Powers of Attorney which we have for both Financial and Property and Health and Welfare. This did not cost us anything as we were able to do it ourselves. The Office of Public Guardian will send the relevant forms to you and also have a very good helpline if required for advice. Our solicitor also advised us to change from joint owners to tenants in common which was also very simple to do with a change of form from the Land Registry.
Qualifying my earlier answer,
Property and financial affairs attorneys: duties and powers
https://www.gov.uk/lasting-power-attorney-duties/property-financial-affairs
How to manage the donor’s finances
You must manage the donor’s finances in their best interests.
Keep the donor’s finances separate from your own, unless you’ve got a joint bank account or own a home together. If you do, tell the bank or mortgage company you’re acting as the other person’s attorney.
You must keep accounts of the donor’s assets, income, spending and outgoings. The Office of the Public Guardian (OPG) and the Court of Protection can ask to check these.
You must manage the donor’s finances in their best interests.
Keep the donor’s finances separate from your own, unless you’ve got a joint bank account or own a home together. If you do, tell the bank or mortgage company you’re acting as the other person’s attorney.
You must keep accounts of the donor’s assets, income, spending and outgoings. The Office of the Public Guardian (OPG) and the Court of Protection can ask to check these.
Still, I think it's inherently simpler to manage separate accounts.
Also advised on the tenants in common. I forgot we did that as well
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