Lasting Power of Attorney? - Motorhome Forums, Motorhome Discussion, Motorhome Chat

User Tag List

 37Likes
Reply
 
LinkBack Thread Tools
post #1 of 37 (permalink) Old 07-12-2018, 07:57 Thread Starter
Senior Member
 
Join Date: Apr 2007
Location: Norfolk
Posts: 3,772
Thanks: 153
Thanked 158 Times in 155 Posts
Lasting Power of Attorney?

I have just done one each for Chris and myself. When I mentioned it to a friend she asked if I had done the "health" one. I have not. I have just done the financial one. She tells me that the health one is the most important. What do others think?

I have always assumed that the NHS would do its best for me if I were not able to make decisions. I did hear, however, of a woman who was not being treated for cancer because she was unable to consent to the treatment.
patp is online now  
Sponsored Links
Advertisement
 
post #2 of 37 (permalink) Old 07-12-2018, 08:37
Senior Member
 
Penquin's Avatar
 
Join Date: Oct 2007
Location: Aquitaine
My Motorhome: Swift Kontiki 615
Posts: 17,827
Thanks: 567
Thanked 635 Times in 559 Posts
Personal Aire
To me both are well wort considering as you sadly, cannot predict what state you might be in if such a thing becomes relevant and active.

It is worth thinking about such things as an advanced DNR notice (Do Not Resuscitate) in the event of eg serious head injuries resulting in an inability to communicate. AFAIK a Lasting Power of Attorney can ONLY be drawn up BEFORE it is needed as you have to be sufficiently aware that you can agree to it's implications. We thought about and investigated doing one for our Special Needs daughter but were advised that it could not be done as she does not have sufficient mental capacity to agree to the terms as she cannot understand the implications.

So, sensible advanced thought would be a good way forward but discuss it widely and do seek professional advice and guidance.
patp likes this.

Thinking of; Mavis, Ray, Sandra and Albert at this time.

Any comments above are only MY OPINION and should be read as that.

http://www.leslezards.co.uk
Penquin is online now  
post #3 of 37 (permalink) Old 07-12-2018, 08:48
Senior Member
 
raynipper's Avatar
 
Join Date: Aug 2008
Location: Normandy. Just up the D903 from the roundabout with the D15
My Motorhome: Hobby 750 now sold.
Posts: 18,291
Thanks: 886
Thanked 307 Times in 287 Posts
Send a message via Skype™ to raynipper
Is it necessary Pat if everything is in joint names? We made a point of doing this once past 70 and the will states on the demise of one the lot passes to the surviving spouse. And on the demise of both the lot to be shared with both children.

Ray.
patp likes this.

The FSA licensed a twice convicted fraudster to handle our life´s savings. Guess what? He robbed us of £750,000. http://raynipper.com
raynipper is online now  
 
post #4 of 37 (permalink) Old 07-12-2018, 11:33
Senior Member
 
Join Date: Feb 2006
Location: Mid Norfolk
Posts: 1,179
Thanks: 88
Thanked 43 Times in 37 Posts
PoA has nothing to do with wills or dying: it is about how decisions are made and who makes them IF you aren't capable.

We took out PoA for Finance on my Dad in the early stages of dementia: we can pay his bills (inc Care Home fees and sell his bungalow), sort out insurances, etc.

Unfortunately we didn't include PoA for Health, so when he was found lying in a pool of blood in his bungalow last Xmas, HE was able to refuse to go to hospital as the ambulance crew were not prepared to accept verbal statements that he had dementia (he can be very persuasive in appearing "normal") and no family doctor was available to attend. [Dad was frightened that they wouldn't let him out, despite everyone reassuring him that he needed an Xray to see if he'd damaged his hip.]

Eventually he agreed to go to a Care Home on a temporary basis, as he couldn't cope in his home even with family support and 4 visiting carers per day.
They organised capability tests and decided that he wouldn't cope at home, so he was placed in the care of the Local Authority "Best Interests" person.
She felt he needed to stay in the Home, following further Occupational Therapists assessments.

He wanted to get out and after numerous "escape attempts" and phone calls to the police complaining that he was being held prisoner, a court case was instigated.
A solicitor was appointed to fight his case but the outcome was that he is now legally instructed to remain in the current Care Home.

Recently we were presented with an invoice for £28k, to cover his costs from Xmas to early November.

He can have another court hearing next August, but it is unlikely that the judge will order his release.

IF we held PoA for Health, Dad might have been back in his bungalow at Easter.

I'll leave you to decide for yourself whether PoA on Health is important for you - Gordon
H1-GBV is online now  
post #5 of 37 (permalink) Old 07-12-2018, 11:40
Senior Member
 
HurricaneSmith's Avatar
 
Join Date: Jul 2007
Location: East Sussex
My Motorhome: AutoTrail V-Line 635 SE
Posts: 2,459
Thanks: 271
Thanked 114 Times in 111 Posts
Personal Aire
Thanks for such a comprehensive post, Gordon.

We completed Enduring PoA forms a while ago, but didn't consider your points.

When I get home later today, following your story, I'm going to talk it over with Yvonne.

Thank you again!

.
H1-GBV likes this.

John

For lust of knowing what should not be known
We take the Golden Road to..........................
HurricaneSmith is online now  
post #6 of 37 (permalink) Old 07-12-2018, 12:34 Thread Starter
Senior Member
 
Join Date: Apr 2007
Location: Norfolk
Posts: 3,772
Thanks: 153
Thanked 158 Times in 155 Posts
How awful for you, Gordon.

I had Power of Attorney for my mum over her financial affairs. When she became ill she was, for the most part, able to consent to treatment. At the very end, however, she was unable to understand what was being said. We were told that she would not survive her perforated bowel and she was too frail to operate upon. The medics then started to give her antibiotics. I queried the purpose of this as it seemed pointless to treat her given their prognosis. They then asked me to leave the room. I presume they asked my unconscious mother what she wanted them to do. We had already passed on her wishes to not be treated if she was terminal but they had to ask her. They did stop treatment and supported her through to her death. This lead me to believe that I would be treated the same. Perhaps I am wrong.

It does seem to me, now, that a medical LPA is necessary. I did the financial one for Chris and myself through the Office of the Public Guardian. It cost me £80 odd for each of us. A friend paid a solicitor £400. It was a nuisance getting witness signatures etc but was other wise straightforward. They lead you through the process.
H1-GBV and nicholsong like this.
patp is online now  
post #7 of 37 (permalink) Old 07-12-2018, 16:26
Senior Member
 
Mrplodd's Avatar
 
Join Date: Mar 2008
Location: Weymouth
My Motorhome: A Caravan of all things !!
Posts: 8,665
Thanks: 100
Thanked 462 Times in 388 Posts
An “Enduring Power of Attorney” to give it itscorrect name is absolutely VITAL in respect of medical matters. Mrs P and I both have them for finance AND health. The finance aspect has been covered.

Health ones are so important because once you become incapable due to whatever reason (stroke being the most likely) the medical authorities are not allowed, by law, to accept anyone else’s instructions in respect of your health care UNLESS you have an attorney who is named on a POA in place. It matters not what relationship they have with you, their word counts for nothing and the medical profession will do what THEY think is right.

I know it sounds all wrong but even if you have been married for 60+ years without that POA being in place any partner can be overridden by a doctor. If there is a POA in place then any decision made by the named attorney, is considered, in law, to have been made by the perlson making the POA, and must be acted on accordingly. No POA means the medical profession CANNOT listen to anyone else in regards to patient health care.

I my case I have instructed my attorney as to my wishes in respect of resuscitation etc. I do not wish to be kept alive by artificial means, food may be witheld but NOT fluids etc. Without a POA enabling my attorney to tell the drs that I could be kept alive for years by machine, or have all fluids witheld so would die of dehydration.

Any POA must be registered at the Court of Protection in London and is NOT valid until so registered.

It’s such an important thing my advice is to have one done by a solicitor, as it’s not really a DIY job. I think mine charged me about £200 all in.

Andy
H1-GBV and patp like this.

Its not the destination that matters.

It's who you share the journey with (even if it’s in a caravan!) I am very fortunate to have Mrs Plodd to share mine with
Mrplodd is online now  
post #8 of 37 (permalink) Old 07-12-2018, 16:46
Senior Member
 
raynipper's Avatar
 
Join Date: Aug 2008
Location: Normandy. Just up the D903 from the roundabout with the D15
My Motorhome: Hobby 750 now sold.
Posts: 18,291
Thanks: 886
Thanked 307 Times in 287 Posts
Send a message via Skype™ to raynipper
I think in todays world Andy it's more likely they would pull the plug rather than prolong life. All down to money.

Ray.

The FSA licensed a twice convicted fraudster to handle our life´s savings. Guess what? He robbed us of £750,000. http://raynipper.com
raynipper is online now  
post #9 of 37 (permalink) Old 07-12-2018, 16:56
Senior Member
 
Mrplodd's Avatar
 
Join Date: Mar 2008
Location: Weymouth
My Motorhome: A Caravan of all things !!
Posts: 8,665
Thanks: 100
Thanked 462 Times in 388 Posts
I understand your sentiment but having dealt with my mothers end of life a few years ago I was VERY pleased that a few years previously we had done a POA, it would have been a nightmare without it. Even being in possession of one I STILL had a fair battle with the Dr’s over what they could, and more importantly could NOT do. She wanted to die at home, “they” wanted her in a hospital and fought me very hard.

But of course they failed!! But ONLY because of the POA I kept waving under their noses.

Andy
Penquin likes this.

Its not the destination that matters.

It's who you share the journey with (even if it’s in a caravan!) I am very fortunate to have Mrs Plodd to share mine with
Mrplodd is online now  
post #10 of 37 (permalink) Old 07-12-2018, 17:07
Senior Member
 
raynipper's Avatar
 
Join Date: Aug 2008
Location: Normandy. Just up the D903 from the roundabout with the D15
My Motorhome: Hobby 750 now sold.
Posts: 18,291
Thanks: 886
Thanked 307 Times in 287 Posts
Send a message via Skype™ to raynipper
I better tell me kids to get on with it then.

Ray.

The FSA licensed a twice convicted fraudster to handle our life´s savings. Guess what? He robbed us of £750,000. http://raynipper.com
raynipper is online now  
Reply

Quick Reply
Message:
Options

Register Now



In order to be able to post messages on the Motorhome Forums, Motorhome Discussion, Motorhome Chat forums, you must first register.
Please enter your desired user name, your email address and other required details in the form below.

User Name:
Password
Please enter a password for your user account. Note that passwords are case-sensitive.

Password:


Confirm Password:
Email Address
Please enter a valid email address for yourself.

Email Address:
OR

Log-in










Thread Tools
Show Printable Version Show Printable Version
Email this Page Email this Page



Posting Rules  
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On

 
For the best viewing experience please update your browser to Google Chrome