The Cut-Off for Lasting Power of Attorney?

[Monkey123]

At what point is the cut off for gaining a lasting power of attorney?

I have had many issues with this and been wanting to get it for a while but my grandad who I would like to be the 'joint' LOA with does not understand the importance and so he is delaying it. I am fearful that it may be too late.

 

[Cazcaz]

I’m not sure I understand. Who do you want to get a POA for? I’m assuming not your grandfather as you want him to be “joint with“ you. In that case you can speak to the person you want to be attorney for, if they are willing to let you be attourney, it might be worth getting the ball rolling.

The person you are getting the ’power’ over must have total mental capacity and be willing to let you be an attorney. They can not be an attorney. So if it is your grandfather who is losing capacity and you wish to have POA over him, he can not be an attorney too, so he can’t be joint with anyone.

 

[Monkey123]

I’m not sure I understand. Who do you want to get a POA for? I’m assuming not your grandfather as you want him to be “joint with“ you. In that case you can speak to the person you want to be attorney for, if they are willing to let you be attourney, it might be worth getting the ball rolling.

The person you are getting the ’power’ over must have total mental capacity and be willing to let you be an attorney. They can not be an attorney. So if it is your grandfather who is losing capacity and you wish to have POA over him, he can not be an attorney too, so he can’t be joint with anyone.

The situation is regarding my mum who has had difficulties with her memory. I have been advised to get the lasting power of attorney just incase her memory worsens. My grandad, who is her father, has full mental capacity and so I wanted him to be 'joint' with me so I am not alone as I am only 19.

Despite my mum showing signs of memory issues she has had no diagnosis as of yet but because she has shown signs of memory issues does this mean it is too late to get POA over her health and wellbeing?

 

[Cazcaz]

Memory problems themselves does not mean it’s too late. In fact, from what I’ve read on these pages, in a lot of cases that is the trigger for people to sort out their documentation/affairs. But that is the main point, it is your mother who must do this, you can not ‘apply on her behalf’ she must want to do this and be able to make this decision herself, it can’t be made for her. If there is any real doubt about her mental capacity then, im afraid, it is too late. You’d then have to apply for a Deputyship Instead.

Also, you refer to a POA for health and well-being, there are 2 POAs one for health&welfare the other for finances. If you only have/get one, you can’t control the other, if that makes sense. Eg if you have finance POA you can’t be involved in where she lives or her medication. If you only get health&welfare you can not control her finances. I hope this makes sense to you.

it may be worth concentrating on if/will your mother agree and does she have capacity to make that decision before thinking about who might be attourney. One step at a time.

 

[canary]

No. So long as she can understand and agree to the POA it is OK (even if she later forgets). It does sound, though that you need to do it soon otherwise you might have to go down the Court of Protection route for deputyship, which is a load of faff and much more expensive.

If your grandad wont agree I think you may have to go for the sole POA .
BTW, if your grandad does agree, its not "joint" POA you need, its "joint and severally", otherwise you have to act together on literally everything and if something happens to one of you the whole thing becomes void.

 

[nitram]

If your grandad wont agree I think you may have to go for the sole POA .

A half way option is you as sole attorney with grandad as replacement attorney meaning that if you can't act grandad can take over else the power becomes void.