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That *seems* like good news but my inbuilt cycnicism says...wait and see.
that's good to hear.
hopefully some of the other stuff re PoA is a prompt to thread's readers. My uncle impressed upon me the benefits of getting PoA in place over my folks when it was all plain sailing, before it was harder to show capabilities. A good thing to do, which we took upon ourselves to wrote for ourselves too - as well as wills, which get updated every 10 (read 15) years.
I said I could help with forms but they want to do it through a solicitor as they ‘want it done right’, so solicitor who did their wills is coming to visit them next Thursday.
Genuinely, they do not need to do this. It was the battle we were having with my mum for the last few years after we kept suggesting it was something that they should definitely consider (both parents are in the their 80s). Going via the solicitor was going to take the cost over £1000 and she felt that was too much. Finally, this year, due to Dad's worsening dementia and her having a few unexplained falls and us showing that the only costs you need to pay are for registering the POA applications (no need for solicitors as they are so straightforward) she finally relented. Brilliant news and it came in handy a lot quicker than she expected when dealing with a situation for Dad a few weeks ago when he was incapacitated for a bit and a medical decision was needed. Much relief all round.
Also, no harm in making the application for "jointly and severally" as it means it's already in place in case something happens with your parents and you suddenly become incapacitated. Adjusting them after the POA has been set up will cost extra at that point. Costs nothing to add more than one person when going through the initial POA.
Genuinely, they do not need to do this.
I know that - but I've been trying to get them to do it the DIY way for a couple of years with no joy.
If this gets it done, then that's all that matters - and makes them feel secure too.
muffin man - take heed that your brother may still change his mind. I'm a bit cynical.
You've taken all the correct steps. I commend you.
yeah it looks like the situation has been deftly steered away from rocky grounds....for now at least.
I know that – but I’ve been trying to get them to do it the DIY way for a couple of years with no joy.
This is the way. Given all they have on their plates if it’s one less thing they need to think about and puts their minds at ease then it’s worth the money and gets it done.
Power of Attorney
Does not confer a veto to the attorney over decisions made by the ‘ward’ (best term I could think of). If they still want to do daft stuff like give the house to a stranger then so be it. LPA simply gives official status to the attorney to represent the ward in dealings with businesses or institutions as if they were the ward.
Is there some way you could be set up to require consent, or at least be notified, if a will was changed?
Is there some way you could be set up to require consent, or at least be notified, if a will was changed?
I don't think there is, as it's essentially a private matter to the individual making the will - assuming they are of sound mind...if they are vulnerable and coerced in some way into changing thier will, and it's not correctly witnessed then that would be open to contest.
That's why it's important to have a will drawn up correctly and signed by two independent witnesses, typically these winesses might be the solicitor who drafted the will, and thier PA or receptionist... i.e. not a beneficiary or anyone with a vested interest in the estate.
Then it's pretty much water tight... something scrawled in crayon on a napkin after that fact would struggle to hold up in contest.
I'm pleased to read that it's going well. Just one point bothered me given that both you and your sister get on wel with each other and you parents.
I will have sole PoA as my sister lives too far away to be of any use in day to day matters. She is fine with this.
I live a long way away but the solicitor who drew up the documents thought it preferable to have both of us if we were willing. The important POA decisions aren't day to day matters.
Then it’s pretty much water tight… something scrawled in crayon on a napkin after that fact would struggle to hold up in contest.
IIRC a will handwritten unwitnessed that simply said " all to mum" held up in court
It also seems strange to me for the spouses not to be listed as each others’ attorney. I’d have thought things like welfare decisions would be more naturally taken by the spouse if possible rather than by one of their children. (Listing the attorneys jointly and severally means that the child can take over primary responsibility as and when required). But that’s for the OP and their parents to think about.