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Alternative to Power of Attorney?

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  • Alternative to Power of Attorney?

    My wife has a progressive, disabling, condition two aspects of which are difficulty with speech and inability to write legibly. As her carer I deal with all her correspondence. Her mind is a sharp as ever; it's just the reduction in her physical abilities that's causing the problem (e,g, she can only scrawl a mark instead of making a signature on letters and forms). A Lasting Power of Attorney seems like a sledgehammer to crack a nut (and isn't appropriate as she has perfect understanding of everything) so is there another instrument we could put in place that will enable me to deal with things on her behalf or is it sufficient to sign with 'PP'?

    There is also the problem when I telephone an organisation and they insist on speaking with her to get authority to speak with me. We have to go through the farce of my handing her the phone to be questioned for 'security'; I could be using the next door neighbour for all they'd know. There will come a time when she will not be able to make herself understood on the phone; what then?
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  • #2
    A Lasting Power is definitely what you want. That your wife is still able to make her decisions is good and necessary. The whole idea is that while she can she appoints you, and that when the time comes that she cannot herself sign, the power continues in effect.

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    • #3
      There is a page on the forms that asks the person whether they would like the POA to handle their financial affairs now or after they lose capacity. i can’t remember the exact wording and I have just put the box of paperwork in the loft so can’t check. But in my late Mum’s case she wanted me to take over all her financial affairs as soon as we completed the form. She had dementia and her handwriting had deteriorated so she could not write properly.

      Please remember the Health & Welfare part is just as important and was invaluable to us.

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      • #4
        Hi G7ivp unfortunately I am not aware of another other than a Lasting Power of Attorney (LPA), of which there are two, the first being Financial & Property (F&P) and the second being Health and Welfare (H&W). I personally have had to put these in place for a couple of elderly relatives and although it may seem like a "sledgehammer to crack a nut" they may become invaluable to you in the future.

        Each of the forms can be completed online, are very straightforward to go through and will be a lot more cost effective than asking a solicitor to fill out exactly the same form. The F&P makes provision for your wife giving you the authority to make decisions on her behalf "As soon as my LPA has been registered (and also when I don’t have mental capacity."

        There is a registration fee of £82 per LPA and the current backlog I am experiencing is 5 months from submission to the LPA actually being registered for you to be able to act in accordance with your wife's wishes set out in the LPA.

        As I said I have completed and registered several of these so if you have any more questions, please come back to this thread.
        If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

        I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


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