What is Power of Attorney

Michael E

Registered User
Apr 14, 2005
619
Ronda Spain
Just back from the long boat trip on the canals with Monique and realise she is a lot further down the road. Not sure who I am sometimes....

Because I put all our UK affairs in joint names for tax reasons I am now concerned that I may have problems if I cannot get Monique's signature if I need to raise cash.

does 'power of attorney' mean that this authority is operated by a solictor in conjunction with the 'carer' or can the 'carer' operate it without a solictor?

Does anyone know of a user friendly solicitor who can draw up the necessasary documents?

What are the pitfalls?

Grateful for any advice or info

Michael
 

Sandy

Registered User
Mar 23, 2005
6,847
Hi Michael,

The Society has a section of factsheets that might be helpful which you can find here:

http://www.alzheimers.org.uk/After_diagnosis/Sorting_out_your_money/index.htm

Also, there is a professional organisation called Solicitors for the Elderly which describes itself as "a national association of lawyers, such as solicitors, barristers, and legal executives who are committed to providing and promoting robust, comprehensive and independent legal advice for older people, their family and carers." You can use their website to locate solicitors who belong to their organisation and have a detailed knowledge of elder law:

http://www.solicitorsfortheelderly.com/public/index.php

Take care,

Sandy
 

Michael E

Registered User
Apr 14, 2005
619
Ronda Spain
Sandy thanks,

Having looked the fact sheets I am not sure it is the correct thing for me to go down that route together with the added complications of living in a 'foreign' country. I think I can cope as well without a ''power of attorney" - grateful for the advice
Michael
 

angela.robinson

Registered User
Dec 27, 2004
520
77
HI michael ,i think you should think again about an enduring power of attorney ,there could be so many problems further down the line without this .it needs to be done while your wife is still able to agree to this and is able to sign,she needs to agree for you to deal with all her affairs ,and then when she becomes incapable ,it needs to be registerd, even though you have everything in joint names ,so you can draw from Your account ,it would be better to put everything in your own name ,Then you need to think about your morgage ,if you have one ,if you wanted to sell in the future and your wife was incapable of dealing with this ,you would be lost without the EPA.just read a few more threads on TP ,CONCERNING epn ,BEFORE YOU DECIDE TO FORGET IT, ANGELA
 

Michael E

Registered User
Apr 14, 2005
619
Ronda Spain
Angela thanks for the advice - I will think again...

Part of the problem is that Monique does not want to recognise she has AD and the Neurologist feels that it would be an emotional shock to confront her with it. In fact Monique does know because of a couple of slip ups over the years but still insists she has a 'memory problem'. We play a sort of game that it is not AD - That's OK with me if thats how she wants to cope...

Also not too sure how I present the concept of a power of Attorney to Monique.

I will look again and talk to the lawyers suggested in the earlier post..

Michael
 

angela.robinson

Registered User
Dec 27, 2004
520
77
hi michael ,your wife does not need to know that she has AD ,to sign for POA .just say it is to safegaurd both your intrests,if you decide to go for it ,make sure the power is given to YOU ,and make sure it is an enduring power of attorney,as a POA is no use after she becomes incapable ,then it is too late to change to the EPOA .good luck. .ANGELA.
 

daughter

Registered User
Mar 16, 2005
824
Hi Michael, Angela is right; "say it is to safegaurd both your intrests", you could explain that it's a bit like making a will, just in case...
 

Linda Mc

Registered User
Jul 3, 2005
1,881
Nr Mold
When we went through this process very recently our solicitor said everyone should have EPOA whether or not there was illness with either partner.

I told my husband it was to safeguard us both as what would happen if I were taken ill. :confused:

Do think again, I know it is hard to make these decisions but I certainly felt better after doing it knowing that if the worst came to the worst I am prepared and not having to make choices when in an even more vulnerable state.

Good luck

Linda
 

Sandy

Registered User
Mar 23, 2005
6,847
Hi Michael,

I think what the others have said makes a great deal of sense - this is a reasonable "just in case" precaution.

Thinking about all the possible variations that the future might hold (especially those that involve you being unable to make decisions for some period of time due to accident or illness, or even worse, dying before Monique) it would make sense for you to both have EPA agreements and wills.

If you both had EPA's naming, for example, your child/children as attorneys then Monique would not feel singled out and her interests would be protected if you were unavailable for some reason.

It might be a good idea to consult a solicitor just to investigate the possibilities.

Take care,

Sandy
 

Michael E

Registered User
Apr 14, 2005
619
Ronda Spain
thank you all very much for the advice. I have emailed

http://www.solicitorsfortheelderly.com/public/index.php

They do not appear to be in the advice market but I have asked them to reccomend a solicitor - If anyone has had a good experience with a solicitor for this matter then I would be grateful for their address... As I do not live in the UK it really does not matter where the solicitor is located. I have fond not all solicitors are as good as they should be......
Thanks..
 

angela.robinson

Registered User
Dec 27, 2004
520
77
I Think You Would Have To Be At The Solicitors To Have The E.p.o.a. Drawn Up, As They Would Have To Witness Both Your Signitures.?do You Not Have An Equivalent,to Our Advise Bureau.angela.
 

Izzy

Volunteer Moderator
Aug 31, 2003
60,424
Dundee
We both had powers of attorney done just after my husband had his diagnosis. We also got 'Welfare Powers of Attorney' which are to do with having a say in care when the time comes. (This is Scottish Law of course which may be quite different!!)