10 October 2010
18:5674445#1
Last night I was talking to my children about old age and my worries about quality of life and whether it would be worth carrying on.
I told them to make sure that I never end up dependent on some machine with my only nourishment being from fluids from a bottle.
This morning I find the computer unplugged and my wine collection missing.....
Guest 645- Registered: 12 Mar 2008
- Posts: 4,463
10 October 2010
19:0474446#2
Marek
I think therefore I am (not a Tory supporter)
howard mcsweeney1- Location: Dover
- Registered: 12 Mar 2008
- Posts: 62,352
10 October 2010
19:1174447#3
i understand your sensitivity bob, recently prior to undergoing emergency treatment the doctor said to me "if things don't go entirely to plan there is something i want from you".
naturally i understood and replied "it's my heart doctor", he replied no, i then said is it my kidney doctor?
he came back with "actually it is that wad of money in your pyjama pocket".
Guest 694- Registered: 22 Mar 2010
- Posts: 778
11 October 2010
12:1974486#4
Ohh but you jest, but its always good to alert members of the family about your wishes.. if i am in a vegetative state , i am switched off, as are all of the immediate family.
11 October 2010
12:3374491#5
Hmmmm. Worried if I am in a vegetative state since son is a vegetarian.
(Also tee-total. Talk about rebelling against one's parents!!)
Guest 655- Registered: 13 Mar 2008
- Posts: 10,247
11 October 2010
13:2574497#6
There is an important point here.
New legislation means that if you lose your marbles the Court of Protection takes control of you personally and financially. This has resulted in family members being financially embarrassed. In fact there is case evidence where joint accounts get frozen so a spouse cannot get hold of their own money.
This can happen through old age or accident, suddenly or gradually.
A Lasting Power of Attorney (living will) is something everyone should arrange while in a good state of mental health. It would not be put into force until the need arose.
Everyone should have one in the draw ready in case needed.
I recommend getting 3 quotes from solicitors to do one - there are wide cost variations so 3 quotes are essential.
11 October 2010
13:3574499#7
Barry, In all seriousness good advice. I have done this for my 86 year old mother who is showing signs of altzheimers. Avoided solicitors and did it ourselves.
Cost £120 for each Power of Lasting Attourney. Two needed.
Quote from 'solicitor' £900 + £300 to register with Office of the Public Guardian!
Guest 655- Registered: 13 Mar 2008
- Posts: 10,247
11 October 2010
13:3674501#8
I have found quotes ranging from £250 each to £1,000.... It is quite a palaver getting it done yourself (according to a client who did so)
11 October 2010
13:4974502#9
Barry, palaver yes, but even looking at your cheapest quote it was £130 to the 'solicitor'.
It certainly did not take me and my brother more than three hours so as far as I'm concerned I've paid myself over £40/hr for using a little bit of common sense.
11 October 2010
19:2074549#10
I would seriously urge everyone to do this. Whatever method you use, it reduces your risks in the event of loss of reason whether temporary or not.
Now, anyone have any good jokes?
Unregistered User
11 October 2010
19:2874553#11
Barry, I don't want to be contradictory but I don't believe an enduring power of attorney is the same as a living will.
Watty
11 October 2010
19:4274555#12
It isn't - the living will has less legal basis and generally focusses on issues such as when to pull the plug. EPOA is more around finances and assets and has more of a legal foothold.
Unregistered User
11 October 2010
19:4374556#13
That's my understanding Bern.
Watty
Guest 696- Registered: 31 Mar 2010
- Posts: 8,115
11 October 2010
20:0674566#14
''that if you lose your marbles'' ... Barry! They come in a protective case. If you lose them, not even the State can help you out there!
Guest 657- Registered: 13 Mar 2008
- Posts: 3,037
11 October 2010
20:3274574#15
I actually made a living will a few years ago.
Guest 655- Registered: 13 Mar 2008
- Posts: 10,247
11 October 2010
21:2474581#16
Paul - Enduring POA were done away with some years ago.
A 2007 act that introduced the Court of Protection resulted in the introduction of a Lasting Power of Attorney instead. This is what many refer to as a 'Living Will'. The other document has also been so described. The term appears to have been used loosly. Maybe both types of provision can be part of same document.
If you think about it the LPOA is more appropriately described as a 'living will' as it refers to what happens to you and your estate while still alive but incapable of making decisions about yourself.
Guest 700- Registered: 11 Jun 2010
- Posts: 2,868
12 October 2010
18:0474683#17
Lasting power of attorney has taken over from enduring one. There are three different kinds of power of attorney now I think. We are doing one at present.
It was most helpful when my mother in law was ill some years ago to have hers done.
---------------------------------------------------
Lincolnshire Born and Bred
12 October 2010
18:1474688#18
All information about Lasting Powers of Attorney here:-
http://www.publicguardian.gov.uk/forms/Making-an-LPA.htmGuest 703- Registered: 30 Jul 2010
- Posts: 2,096
12 October 2010
19:1874695#19
I've been through this from both sides this year.
The old Enduring Power of Attorney was produced when someone was still capable of managing their affairs, but then had to be registered with the Court of Protection when they became incapable before it could come into effect, which could take 6 weeks or more and cause problems. There are undoubtedly many of these waiting to be activated.
The new Lasting Power of Attorney has two versions covering finance and health. It is registered as soon as it is produced without any further legal delays. They have to be produced by a Certifcate Provider, usually a solicitor who has been specifically trained and registered to provide this service, so as far as I know it is not possible to do it yourself.
If you don't want to go to the expense of a separate LPA for health and welfare then a solicitor can produce an Advanced Decision/Living Will which will just cover decisions to be made regarding health treatments.
Here's the important bit - thanks to this wonderful new piece of legislation, if someone doesn't have the mental capacity to manage their own affairs and hasn't an EPA or LPA then relatives have no powers, it is automatically referred to the Court of Protection and can cost up to £10,000 in admin fees to the Court from the person's funds as well as leaving relatives with no powers over their loved one's affairs. So £120 plus legal fees might seem a lot but in the long run it's a lot less than not having one.
Guest 655- Registered: 13 Mar 2008
- Posts: 10,247
12 October 2010
21:2874732#20
It gets worse than that Ray.
People with joint bank accounts have found them frozen and have been unable to access theier own money. It has been a real problem for some. I now have incorporated advice on getting three solicitor quotes for LPOA in my standard letter of recommendations to clients.
Marek