POA QUERY

[cobden 28]

My elderly Mum (88) is widowed, lives alone and since a recent hospital stay her Mild Cognitive Impairment has worsened to the extent that I think residential care will need to be considered soon. I'm her only child and the Next of Kin.

As things currently stand Mum is managing her finances but recently received her first red reminder about an unpaid bill (she's always paid her bills promptly). If Mum had to go into residential care she'd be classed as a self-funder although because she's never ever discussed her finances with me, I have no idea of the exact state of her finances. Mum would rather stay in her home of over forty years, of course, but accepts that a care home will eventually become necessary. Care home bills would have to be paid, but if Mum is unable to manage her own finances then who would?

Mum says there's a POA set up but is unable to tell me who has this POA is with, and I don't believe I would have the legal authority to access Mum's money in order to pay for care home bills without this POA. Could a POA possibly be set up without the person being named being officially informed of the fact? I would assume that, as Mum's NOK, it wold be logical for me to be named as the POA but if for some reason Mum has named someone unknown to me as the POA am I entitled to be notified of who this is?

And if Mum has to go into residential care but there isn't actually any POA set up to pay her bills & she is unable to manage her finances herself, who arranges for her bills to be paid?

 

[Wildflowerlady]

Hi @cobden 28

I believe that anyone can contact the Office Of Public Guardian to find out if there is a LPA in place and that there is a Online form available to do that.
I would definitely say that if your mum had you as her Attorney you would be aware of it as you would have had to sign the application form when she made it.

Its possible that a LPA application was filled in but not actually registered yet so maybe a Solicitor has one in a file in readiness to register?
Perhaps your mum may have done a LPA via a solicitor at the time she made a Will ( assuming she does have a Will arranged ) its very likely they would have mentioned her doing one and possibly they will be the ones she has asked to take care of her affairs in the event she needed care of some form in the future.
Your mum might have thought she was saving you from having to deal with her Financial Affairs without thinking about the costs that a Solicitor would charge in the event she needed them to use the LPA.

If your mum still has capacity which it very much sounds like she does perhaps she would now prefer that you looked after her finances or were in a Legal position to help her.
Mum may have done her Will a very long time ago and the importance of the LPA and what it meant and who it is with she may feel differently about now if that is the case she could cancel any existing LPA and do a new one naming you as her Attorney her Solicitor could always be a Replacement Attorney should anything untoward happen to you.
As I say possibly a Solicitor might just have put one aside that was signed etc but as yet hasn't actually been registered with the OPG.

Obviously you and mum need to be sure about the situation first as you wouldn't want there to be nothing in place should she deteriorate quickly.
In the event there is actually nothing in place and mum is unable for any reason to control her finances then someone would need to apply to the courts to be able to run mum's finances in other words be a Deputy that can of course be you however this is a much more costly way of setting things up and can take much longer than doing a LPA .

If you find no LPA is actually registered for mum with the OPG or one is being held merely awaiting registration via her Solicitor options are mum can ask for the Solicitor one to be cancelled/destroyed and then if mum amenable do one via the Online Service.
As mentioned earlier if a LPA is already registered with the OPG then it can be cancelled by your mum if she contacts them ( with your help? ) and still has capacity to make another one.
Check if mum has both types Health and Welfare and Financial LPA
Online Power Of Attorney setting up is so much cheaper than using a Solicitor just make sure the notes which accompany the forms are read through so no errors are made when completing the forms.

Just one other thing perhaps your mum could stay living in her home for much longer if she was acceptable of Carers coming in to help her?

My dad is 86 yrs with Mixed Dementia we lost our mother 3.5 years ago and dad has had Carers coming in 4 X Daily for over two years with lots of support from sister and I.
Dads dementia is much more advanced than how you describe your mum so Carers coming in might be a very good option for her.
I am often amazed at how long my dad has been managed at home but it is getting much harder visiting him as his personality and temperament are changing and not for the better !!.
I did actually set up a LPA for my dad with my sister and I both being dads Attorneys and also one for my Partner as yet no Dementia but Progressive Parkinson's.
I'm no genius but I managed it just took my time reading everything thoroughly and very glad we managed to get it done in time.
I hope this has been of some help.