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When does Power of welfare start?

garfield3

Registered User
Jun 30, 2018
294
0
Hi,

A quick question about POW. As mentioned on a previous thread, Dad isn’t good and struggling i.e. macular degeneration , not eating drinking enough, deaf, UTI, fainting last week at bus stop, and confusion. He ‘s waiting for blood results possibly liver issues. He’s fit and slim because he doesn’t eat enough and goes out 3 times a week by bus.

I’ve got an in just over a week to speak to the Dr about him. At what point will the POW come into effect? Is it only when he’s really bad and can the Dr discuss in detail his health with me?

Thanks.
 

Moggymad

Registered User
May 12, 2017
651
0
Hi I'm no expert on this but it's my understanding that POA health & welfare comes into effect when the person is deemed to have lost their capacity to deal with such things. We didn't hold any POA's for mum but what helped immensely when dealing with the GP was that mum had given her written authority (I wrote letter she signed it), giving them her permission to discuss details with me & sister. It probably wouldn't be as good as POA but will suffice in the interim. I also would expect the GP to welcome your input anyway even if they cannot divulge too much. Your dad could verbally agree at the time of the call but a letter to that effect would be better.
 

garfield3

Registered User
Jun 30, 2018
294
0
Would your Dad agree to you being included in any discussions with the Dr?
Thanks for your reply. I don’t live in the U.K. and it would be very difficult. The soonest I can get to see him will be Xmas, unfortunately.
 

garfield3

Registered User
Jun 30, 2018
294
0
Hi I'm no expert on this but it's my understanding that POA health & welfare comes into effect when the person is deemed to have lost their capacity to deal with such things. We didn't hold any POA's for mum but what helped immensely when dealing with the GP was that mum had given her written authority (I wrote letter she signed it), giving them her permission to discuss details with me & sister. It probably wouldn't be as good as POA but will suffice in the interim. I also would expect the GP to welcome your input anyway even if they cannot divulge too much. Your dad could verbally agree at the time of the call but a letter to that effect would be better.
Unfortunately, I’m not in the U.K. Thanks for your input, though .
 

nitram

Registered User
Apr 6, 2011
23,622
0
North Manchester
Any chance you Dad would ring the Dr and tell him he would like you to be kept informed of and discuss his medical conditions.
 

garfield3

Registered User
Jun 30, 2018
294
0
Any chance you Dad would ring the Dr and tell him he would like you to be kept informed of and discuss his medical conditions.
Thanks for the reply. Not sure. Feel what I’m doing is subterfuge!! Feel he’ll probably say no don’t worry I’m fine ,no need or be really angry that I’m interfering. I was talking to him tonight about blood results and said they’re due next week. He tell me some stuff regarding health , but not everything. I also believe he’s really lonely and depressed because of what he’s hinted at.
 

garfield3

Registered User
Jun 30, 2018
294
0
And it can't be used with the Dr if they consider Dad has capacity to make health and welfare decisions, or even a specific decision.
Thanks for your reply. Found out yesterday from the solicitor that the POW & POA have been registered and he was going let dad know. At least it’s now in place for when it’s needed. He’s still pretty compos mentis most of the time.
 

garfield3

Registered User
Jun 30, 2018
294
0
The registered finance LPA can be used with his permission if he has capacity.
Thanks for that. Dreading bringing that idea up. Feel he will go ape ****. He’s always been very private about stuff like health. Different if it’s me, and wants to know everything! 🤦‍♂️🤦‍♂️👍👍 Probably, just go ahead and accept the Dr won’t tell me anything, but I’ve at least aired my concerns and keep an eye on the situation. Don’t know. It’s a start though.
 

Jessbow

Registered User
Mar 1, 2013
3,742
0
West Hertfordshire
Something sounds a bit squew-whiff here.

Can you clarify - are you named as dads POA? Or is the solicitor?

If its you- how come you didnt know it had beeen registered? If its been registered, who has been using it?
 

Lynmax

Registered User
Nov 1, 2016
827
0
As far as I am aware, a POA can be registered with the OPG ( ie been processed by them and stamped on every page and fees paid) without actually being used by one of the attorneys. My mums POA was all sorted out and the originals given to mum although I quickly removed them to my house for safe keeping. I even had copies made and certified by a solicitor. The originals and copies then sat in my safe for several years until we needed to intervene with mums finances so we presented it to her bank and began to pay bills etc.

The Health was never really used, we were aware that it was becoming close to mum needing more care than we could give her at home when, like many people, a fall led to a hospital admission and agreement with hospital social workers that she had lost capacity and was no longer safe at home.. Obviously at the point having the POA made the move to a care home much easier but it was the social workers who organised things.

So it is possible that your fathers solicitor has done the paperwork for the POA and had them registered with the OPG without any further actions. But if you were named as Attorney, you would know that as you would have signed various forms and had correspondence from the OPG. If you are not an Attorney then the GP might well not discuss health concerns even though you are next of kin and you cannot access his bank accounts to pay bills etc.
 

garfield3

Registered User
Jun 30, 2018
294
0
Thanks for your answer. Got an email last week from the solicitor saying it’s been registered and all now in place and waiting to use it! Speaking to the Dr about dad on Tuesday. He’s been saying that he’s been seeing things and been talking rubbish a couple of times when I’ve spoken to him in the evening. Hallucinations could be due to his Macular degeneration. Not sure about the talking rubbish and no sense in the evening. Wondering about sundowning or depression. Hopefully, get some sort of answer and info from the Dr. He’s said that the Dr said he should stop drinking booze because of liver issues.
 

MartinWL

Registered User
Jun 12, 2020
1,278
0
Ok now the POA is registered, you have more work to do. You need to contact every bank, building society, utility provider, anyone he has dealt with on a financial matter, and register the POA with them. Some will accept a code from the OPG, many will want to see a certified copy of the POA document. Start with his bank.....
 

garfield3

Registered User
Jun 30, 2018
294
0
Ok now the POA is registered, you have more work to do. You need to contact every bank, building society, utility provider, anyone he has dealt with on a financial matter, and register the POA with them. Some will accept a code from the OPG, many will want to see a certified copy of the POA document. Start with his bank.....
Thanks for this. Dad is still generally compos mentis so do I still need to do all the bank stuff etc. At this time?
 

MartinWL

Registered User
Jun 12, 2020
1,278
0
Thanks for this. Dad is still generally compos mentis so do I still need to do all the bank stuff etc. At this time?
You need to do it before you can take over managing his accounts. If he is still managing ok then you can wait until you need to take over.
 

Shedrech

Volunteer Moderator
Dec 15, 2012
10,926
0
Yorkshire
hi @garfield3
now the LPAs are registered with the OPG they are ready to be used when necessary

if your dad is able to deal with his financial affairs himself, then you need do nothing right now

if he wants your help with any task, the LPA gives you the authority to help him with his permission, with no need to 'register' it with any financial institutions etc ... eg if he makes a call but doesn't want to speak himself he can tell the person being called that he gives his permission for them to talk to you; if utilities are paid by direct debit, then he can just let them tick over

just be aware that if he is sharing a PIN so you can use a debit/credit card on his behalf, the banks frown on this, it's against T&Cs ... if he's present and all but making the transaction himself you're only supporting him ... some banks do allow an Attorney to take on the account and have the donor still have access to funds, some do not; ask your dad's how they will deal with his accounts in the future so you know beforehand
 

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