h2g2 The Hitchhiker's Guide to the Galaxy: Earth Edition

Entry: The Enduring Power of Attorney and Wills. - A3852029
Author: Ronbloggs - U1258998

This is invaluable advice to anyone unfortunate enough to have a parent or guardian who is becoming mentally infirm.

It is from the first hand experience of one such person.

Hi there! This is an interesting and timely idea for an entry. We already have quite an interesting entry in the Edited Guide on wills, though (at A738821), so perhaps it might be better to restrict this one to the subject of power of attorney?

Power of attorney and wills aren't only important when there is a lone parent, nor do I think I would automatically assume that the eldest child is always going to be the best person for a parent to choose for these tasks -- adults are free to choose the person they trust most with these sorts of decisions.

I think it's also important to make it clear which country's rules you're referring to here -- this is something that differs quite a bit from country to country.


Mikey

You could also give other examples for someone being granted Power of Attorney, for example if they were about to undergo surgery from which they knew they might not recover.

Sorry - the grammar there was rubbish but hopefully you knew what I meant

Power of attorneys are also used when families have an adult child with significant cognitive delays.

There's also "limited power or attorney" (or at least there is here), and that should be discussed as well.

Plus, there's also the process that you go through to "activate" a power of attorney -- this can be contested sometimes, and can become quite complex.

Hi Mikey,
Thank you for reading this; you make some interesting observations.

The reference to wills is, you understand, just a passing one stating the necessity of making one; preferably earlier than later. The main passage is almost exclusively about Powers of Attorney. This does not detract from the existing entry, nor trespass on its subject matter.
I take your point about the wider applications of Powers of Attorney.
This article is directed to those with the specific problem of ageing and mentally infirm parents. Parents are, of course, free to choose a trusted agent; especially where they suspect their child(ren)of 'gold-digging'.
But, again, this piece aims to inform the offspring, and to make sure they can help their parent finance his/her own care; and to protect the parent from unsrupulous outside interference. This is also the aim of the Court of Protection. Most parents wish their children to benefit from their estate. This is also the intention here.
Yes,I agree, I should alter the piece with a reference to English law and the UK.

Thanks, however ,for your interest.
Ron

Hi JulesK,

Good idea Jules. But can I refer you to my answer to Mikey re. the intended audience for this piece; but it is an excellent idea for a future entry, perhaps.

Thank you for your interest and input.

Ron

Hi again Mikey,
Yes, there are a number of uses for both the full and the limited Powers of Attorney. These are good ideas, from you, for future entries.

Yes to this also, obtaining a Power of Attorney is a tortuous process that I have gone through. Thank you for this one; I shall add it to my piece with your agreement, your having reminded me of the problems involved.

You have also jogged my memory on the question of the P of A 'dying' with the person it protects; and where the will comes into effect in its place and, often, the person with the former power of attorney becomes the executor of the will. The instrument (document) of the P of A has to be returned to the Court of Protection via the Public Trust Office after the death of its initiator. The will has then to go through probate.You have made some valuable contributions to my thought processes. I am indebted to you. Thanks again,

Ron

Hi there, thanks for the response!

One thing you might consider then is a) removing the bit about wills from the title, and possibly from the entry as well -- I don't think it really adds anything that we don't have elsewhere, and b) making it clear in both the title and the introduction that this entry isn't about Power of Attorney in general, it's about a very specific context in which Power of Attorney is used.

Does that make sense?

Good job!

We have basically the same things in the US, but some of the terminology is different. "Lone parent" confused me, because "single mother" or father is a common expression for widowed/divorced people trying to raise small children on their own. Often, the child's grandparents care for them during the day, and are sometimes given a limited power of attorney in case of emergency & stuff.

I think adding "elderly" before "lone parent" in the first sentence might clear that up, and once the idea is set in mind, need not be repeated later.

Hi Mikey,
Yes, of course it makes sense; and I do intend to make the alterations you refer to. I shall remove 'wills' from the title; but it will be a challenge to include the basic aims in the title without it being impossibly long-winded. I am sure you understand the problem.

Ron

M'Lady,
Well now! Here we meet with a rather sticky political problem (with a small 'p'); I don't wish to get involved with what we in the UK call family politics, but the more traditionally minded or 'conservative' British citizen, particularly the elder Brits, (and I think that same sector of US nationals would subscribe to this attitude) do not care to be lumped together as single parents along with young mothers who have never married, which that term often implies in the UK.

Let me make it clear, though, that this is not necessarily my own view; I am just stating a fact about social attitudes in the UK.

I do take your point,however, and should have referred to the 'widowed parent', because my term 'Lone parent' is equally unclear. Also, the sad fact is that such illnesses are not necessarily restricted to the elderly; so that term is too specifically restrictive for the title.

I do not intend any political or personal or social offence in making these observations. My aim is to help others understand their positions when faced with this difficult problem of care and control.

Oh, I didn't mean to imply you add single parents (they're often never-married here, too, but I live in a big city and we care less; as long as they're not running a meth lab in the garage, it's all good). I was just letting you know the direction my thoughts turned when reading your first sentence!

"Widowed" would work just fine, too! "lone" confused me, widowed makes it clear that you're speaking of someone who's children need to help them.

M'Lady,
I am so sorry! Please accept my apologies. Perhaps it was me that misunderstood your meaning. Otherwise we agree, I think, on the basic points of my piece.
I have tried to find out how to change my Introduction section, and have been told that there is no way I can change it myself, which I think is rather odd. So none of us dare make any mistakes when writing our Introductions, it seems! It was suggested that I remove the word 'wills' from the title. I cannot take it off the other part however.

Ron

Morning Ron - whoops typed Rob there -

Sorry that you have recently lost your mother.

Everything you say in your article is sound, common sense.

I can't really add anything else which might be useful.

Sorry, Ron. Hardly dynamic and constructive criticism.

My mother made a will, but she was always of sound mind.....

Chips

Hi Chips,
Whatever you say is fine for me! Yes, the loss of Mum is keenly felt, for both Pat and myself, and for our two lads and their wives.
The present piece is a serious business, and probably requires some personal experience of the complicated processes one has to go through to be at all able to comment.(Sorry; that sounds ever so condescending on my part). But I think it might just be true of most people.
But thank you for ploughing your way through the boring legalities of the piece.

Ron Blogiwogs

Hey, Ron Blogiwogs,

You are one funny man.

But, seriously, you Pat, your boys and daughters in law must be going through the mill.

When my mother died, we had a smashing wake,

Chips

So did we!! But that's by the by. We have a large wider family and many were there. It sounds ever so sacrilegous, but the place was full of jokes, laughter and feeding/watering our faces!
Both my parents came from families of 8, + their parents! I have literally dozens of cousins, some of my favourites being the girls! They are much more understanding than the lads when it comes to family crises.

Rinaldi

Something just happened, but I refreshed and I'm back again

RINALDI !!

what next ????????

It's not sacriligeous. Look, we spell that differenly

Take a teeny-weeny look into the COD sweetie!
Not the bl**din' fish variety, the one wot I use two korrect mi speling.

Ringblonks