Role Types of POA queries

[jiton]

Hello Members, trying to get more detail about Roles.

Replacement Attorney:
As I understand it this role only becomes active if the primary POA either resigns is removed or dies.
How does a Replacement Attorney take over the responsibilities, what is the process that occurs, are there any delays in the process?

Does some kind of formal process start to allow access to accounts and become active authority for PWD for institutions and carers? AFTER the primary POA is no longer?

Or is access to accounts and authority responsibilities setup ready to go BEFORE? primary POA is no longer...just not activated? Im wondering how that situation works in reality, as you would want to be able to support the PWD asap after a Primary POA is gone...without any hold ups.

Give the Above -is Joint and Several a better option for overseas POA Role?
Considering the pros /cons of being a Replacement Attorney Role Versus being a Joint & Several Financial Role.
Which of these two roles would work better for the PWD to give the most uninterrupted care when one of the POA's is abroad.

My thoughts without knowing the facts at the moment would be that Joint & Several would allow for uninterrupted continuation of support for PWD...and I'm just not sure if Replacement Attorney has the ability to just start supporting by accessing accounts and take over care and institution authority and responsibilities immediately?

Last query on POA Role Types

Health and Welfare:
Is it common to setup a Health and Welfare POA ? I hear a lot about Financial Role Types.
Is this role commonly combined with Financial?
Or is it just not common?
For a POA living abroad, would the duties of this role be more difficult to carry out.

 

[Banjomansmate]

In my case the donor only wanted me to be his Attorney for both health and finance purposes. As I was a similar age to him and not a member of his family I said I thought it best if family members were attorneys along with me but I would do all the work while I was able to while they were there incase anything happened to me.
As far as the finances were concerned I only discussed them generally with the one who was to be his executor, (a job I had already refused to do because I was not family.) as I would be answerable to them when he died.
As I was the person who lived closest and did the majority of his caring I was the one considered n.o.k. and acted as H&W Attorney in all medical decisions, although all the immediate family were kept up to date on a regular basis.
Although both LPAs were joint and several I was the one who made the majority of the decisions with some input from the rest of them.

 

[jiton]

In my case the donor only wanted me to be his Attorney for both health and finance purposes. As I was a similar age to him and not a member of his family I said I thought it best if family members were attorneys along with me but I would do all the work while I was able to while they were there incase anything happened to me.
As far as the finances were concerned I only discussed them generally with the one who was to be his executor, (a job I had already refused to do because I was not family.) as I would be answerable to them when he died.
As I was the person who lived closest and did the majority of his caring I was the one considered n.o.k. and acted as H&W Attorney in all medical decisions, although all the immediate family were kept up to date on a regular basis.
Although both LPAs were joint and several I was the one who made the majority of the decisions with some input from the rest of them.

You are a good person. Thanks for your reply. Your reply makes me think that a Joint and Several for Financial and H&W is a good option for both local and overseas POA's.

Hope to hear more from others and what they think about Replacement Attorney and how it would or not work if applied to a POA who is overseas.

 

[nitram]

How does a Replacement Attorney take over the responsibilities, what is the process that occurs, are there any delays in the process?

If you start acting as a replacement attorney​

You must let OPG know when you start acting as a replacement attorney. You’ll also need to send them:

• the original LPA
• all certified copies of the LPA
• a return address for OPG to send your documents back to you

You’ll be able to start helping a donor make decisions as soon as the attorney you’re replacing stops acting.

Check the LPA to see if there are other attorneys you need to make decisions with after you start acting as an attorney.

https://www.gov.uk/lasting-power-attorney-duties/changes-you-need-to-report .

 

[SAP]

I have both financial and H &W for my mum, there were set up separately. The &H&W can only be enacted once a person no longer has mental capacity and then the attorney can make medical decisions on their behalf and welfare ones like moving to c care home etc. The complication for living abroad would be not having access to the information about local amenities and services or being able to attend meetings. That said a lot can be managed online. The link given by Nitram explains it all and any other queries you may have are answered on that site.

 

[jiton]

If you start acting as a replacement attorney​

You must let OPG know when you start acting as a replacement attorney. You’ll also need to send them:

• the original LPA
• all certified copies of the LPA
• a return address for OPG to send your documents back to you

You’ll be able to start helping a donor make decisions as soon as the attorney you’re replacing stops acting.

Check the LPA to see if there are other attorneys you need to make decisions with after you start acting as an attorney.

https://www.gov.uk/lasting-power-attorney-duties/changes-you-need-to-report .

Thankyou nitram, thats helpful info. Makes me think that a delay would occur if one is a Replacement Attorney Abroad before you could act on the PWD's behalf - with all the Snail Mailing involved.
Just telling myself then that I can't see any benefit of being a Replacement Attorney over being Joint & Several POA as part of an LPA. The other issue with Replacement Attorney being abroad is that you would have to wait for Bank Cards to be sent over...to access accounts via online banking, another compounded delay in one's ability to provide Support to the PWD. If Joint & Several POA then the other other POA could handle the needs of the PWD whilst the Abroad POA waits for Bank Cards and Authority paperwork to arrive.

 

[jiton]

I have both financial and H &W for my mum, there were set up separately. The &H&W can only be enacted once a person no longer has mental capacity and then the attorney can make medical decisions on their behalf and welfare ones like moving to c care home etc. The complication for living abroad would be not having access to the information about local amenities and services or being able to attend meetings. That said a lot can be managed online. The link given by Nitram explains it all and any other queries you may have are answered on that site.

Thankyou for your reply SAP
Im thinking it clearly best to have a Joint and Several with both POA's having the dual roles of H& W and Financial, this allows for both to POA's to understand and learn about processes and the POA Abroad can see and learn how they can work out how to do what's needed from afar, so that if one POA has gone they can carry on with care without much interruption to the PWD.
I assume how its done for POA's abroad is that those Health Care providers of the PWD are in contact with the POA Abroad, and also if in care home then they would email/call update POA Abroad...developing relationships and a strong communication...I would hope thats how it is!

It would be nice to hear of someone who is has been a POA Abroad to hear their experience.

I doubt if anyone has any numbers except the OPG perhaps?, but it would be interesting to know how many POA's there are abroad handling their PWD's support and care from afar at any one time.

 

[nitram]

I doubt if anyone has any numbers except the OPG perhaps?, but it would be interesting to know how many POA's there are abroad handling their PWD's support and care from afar at any one time.

You could try an FOI (freedom of information) request even if being overseas

I've had a quick search through FOIs without finding one.

 

[SAP]

Thankyou for your reply SAP
Im thinking it clearly best to have a Joint and Several with both POA's having the dual roles of H& W and Financial, this allows for both to POA's to understand and learn about processes and the POA Abroad can see and learn how they can work out how to do what's needed from afar, so that if one POA has gone they can carry on with care without much interruption to the PWD.
I assume how its done for POA's abroad is that those Health Care providers of the PWD are in contact with the POA Abroad, and also if in care home then they would email/call update POA Abroad...developing relationships and a strong communication...I would hope thats how it is!

It would be nice to hear of someone who is has been a POA Abroad to hear their experience.

I doubt if anyone has any numbers except the OPG perhaps?, but it would be interesting to know how many POA's there are abroad handling their PWD's support and care from afar at any one time.

It might actually be worth having a conversation with the OPG about this to find out what, if any issues there may be with being an LPA but operating from outside the UK.
Care provision is a law unto itself some will be great communicators others will not. I managed my mums affairs from the other end of the country and that was not with out its issues, just trying to get services to understand I didn’t live just down the street. However once Covid hit, a lot of services went online and just recently I had zoom meetings with medical staff in the same city as me.
From what you are suggesting, it looks like you want to be available to act should the other attorney become incapacitated or needed a break so jointly and severally will be a good option. My OH is a replacement attorney for my mum but we discuss everything before I act as I have no one else to discuss things with,so having two of you could be a help for all concerned.

 

[jiton]

Thankyou nitram thankyou for looking, it would be good to know. Not sure if I could request FOI from abroad?! Not to worry, I think the main thing I was after was to find out if remote POA is a valid option, and as we find it is, then there must be many remote POA's out there handling care and support needs.

Thanks SAP I might try the OPG seems like sensible thing to try, to see what they say.
thankyou for sharing your experiences. Clearly you can be a POA from a distance..and with so much online capabilities we have now since Covid, video calls, online accounts etc as you say can only help...I see it as most likely on the whole to work, with the then expected sometime communication challenges along the way.

 

[nitram]

Not sure if I could request FOI from abroad?

From the link I posted

Who can make a freedom of information request?​

Anyone can make a freedom of information request – they do not have to be UK citizens, or resident in the UK.

 

[jiton]

From the link I posted

Who can make a freedom of information request?​

Anyone can make a freedom of information request – they do not have to be UK citizens, or resident in the UK.

Thanks Nitram !