Elderly parents or relatives to care for and/or worry about? This is the place for you.

2 lurkers | 140 watchers
jda
jda
Sep 2023
11:31am, 25 Sep 2023
15,481 posts
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jda
Does the mother have the mental capacity to remove him from the PoA? (Even if that’s a marginal call so long as he didn’t try to oppose it would probably go through.) Tempting to just hope it will work out ok but there’s a risk it won’t…
larkim
larkim
Sep 2023
11:45am, 25 Sep 2023
22,069 posts
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larkim
If it's a joint (rather than joint and several) appointment I think the whole PoA process would have to be restarted, wouldn't it, if just one of the attorneys was removed? (I am not a lawyer, I may be wrong!)

I'm assuming it is joint, as otherwise the joint and several would mean he didn't need to be involved in the first place. (Using English law as my touchpoint there, though, don't know if Scottish law would differ).
Bazoaxe
Bazoaxe
Sep 2023
11:56am, 25 Sep 2023
25,641 posts
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Bazoaxe
It is a whole minefield and even if mil has capacity I think any moves to remove him would be challenged and that’s not somewhere we really want to go.

If he would just talk to us we could find common ground and make it work.
jda
jda
Sep 2023
12:05pm, 25 Sep 2023
15,482 posts
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jda
You can remove an attorney with a simple letter of revocation.

The situation is likely to get more difficult, not easier, as your MiL deteriorates and more stressful decisions have to be made.
Bazoaxe
Bazoaxe
Sep 2023
12:08pm, 25 Sep 2023
25,642 posts
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Bazoaxe
That’s not something we want to do and mil if she wanted to would need to do do under her own steam.
larkim
larkim
Sep 2023
1:01pm, 25 Sep 2023
22,072 posts
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larkim
Maybe I'm wrong about the joint bit; I know if a jointly appointed attorney loses capacity or dies then that does work to undo the LPA, or at least causes the replacement attorney to be put in place of the two (or more) joint attorneys in place originally. Maybe in the partial deed of revocation process it allows the attorney-ship to be split without undoing it.

Hope you find a good solution Baz.
jda
jda
Sep 2023
1:25pm, 25 Sep 2023
15,485 posts
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jda
Yes larkim you are wrong. But anyway if Bazo’s MiL won’t do it, it’s a moot point.
Lizzie Whizz
Lizzie Whizz
Sep 2023
4:13pm, 25 Sep 2023
28,034 posts
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Lizzie Whizz
Finally on a bed, just about to get a drip but wheeled off for a scan first...
HappyG(rrr)
HappyG(rrr)
Sep 2023
4:33pm, 25 Sep 2023
47,837 posts
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HappyG(rrr)
Glad she's being cared for Lizzie. Good news. :-) G
LindsD
LindsD
Sep 2023
4:45pm, 25 Sep 2023
64,067 posts
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LindsD
Sending strength Lizzie

About This Thread

Maintained by LindsD
I thought I'd start a thread, as lots of us have elderly folks that we worry about/care for.

Useful info for after someone dies here (with thanks to grast_girl)
moneysavingexpert.com

Other useful links

myageingparent.com

moneysavingexpert.com

Who pays for residential care? Information here:

ageuk.org.uk

Advice on care homes and payment/funding

theguardian.com

Also: After someone dies, if their home insurance was only in their name, sadly the cover becomes void. But if the policy was in joint names, it will still cover the surviving policyholder (though the names on the policy will need to be updated).

A useful book of exercises for memory loss and dementia
amazon.co.uk

Pension Credit. The rules are a bit complex but if your elderly relative has some sort of disability (in this case dementia/Alzheimer's) and go into a home, they may be able to claim pension credit. So if carers allowance stops, it seems pension credit can start. It can also be backdated.

Fall alarm company, etc.

careium.co.uk

Useful Links

FE accepts no responsibility for external links. Or anything, really.

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  • age
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