Power of Attorney

[Kylie]

Hi sorry to post again.

Anyone experienced this please.

My dad who's always controlled my mum and her finances, now want me and my sister to get POA over my mums affairs.

I'm concerned as her pension is paid into my dads account. She has since being here asked for her pension. Not sure what to do.

 

[nitram]

"... want me and my sister to get POA over my mums affairs..."

Does your mum have sufficient capacity to make an LPA?

"...her pension is paid into my dads account. She has since being here asked for her pension. Not sure what to do...."

Nothing has changed, how does your dad normally give her access to her pension?

 

[fizzie]

if you do decide to do a POA you can do it online for less than half the price a solicitor charges - £110 each for health/welfare and £110 for financial (I would say get both) and if your ma has a low income they are £55 each

 

[Beate]

She needs to have capacity and want to give you that power. What your dad wants is immaterial, it's her decision. If she has capacity and agrees, then don't delay, LPA is important. However, if it's only a pension that needs supervising, then being an appointee can be sufficient:
https://www.gov.uk/become-appointee-for-someone-claiming-benefits

I am not clear though on why her pension goes into your dad's account. Is it a joint account? It's her money that might be needed to be spent on care, so this going into an account that hasn't got her name on might become problematic. If it goes into a joint account, then half of what's in there is considered hers in a financial assessment, regardless of how much she paid in. Plus, without an LPA the bank could suddenly freeze the whole account if they think she has lost capacity which means your dad would be frozen out too. So best to sort this ASAP!

If she has lost capacity, your other option would be obtaining deputyship, but that's more expensive and a whole lot of work.