willman Posted February 21, 2011 Share Posted February 21, 2011 A power of attorney allows the nominated person to make decisions on behalf of someone, it does not stop due legal process. If you have to pay for a care home and a house sale is the only way to provide money a power of attorney has no legal power to prevent it. Theres only one correct legal way to stop the sale of a home for care and it costs upwards of £300. Link to comment Share on other sites More sharing options...
donuticus Posted February 21, 2011 Share Posted February 21, 2011 A power of attorney allows the nominated person to make decisions on behalf of someone, it does not stop due legal process. If you have to pay for a care home and a house sale is the only way to provide money a power of attorney has no legal power to prevent it. Theres only one correct legal way to stop the sale of a home for care and it costs upwards of £300. Can you tell me more about that please? Link to comment Share on other sites More sharing options...
alternageek Posted February 21, 2011 Share Posted February 21, 2011 Also, if youre looking to do this for a family member because you believe they are no longer capable of taking care of themselves, you need to make sure the lawyer sees that they are fit to sign one. If they are not, a PoA will not be granted. You will need to proceed with a court of protection instead. We had to go this route when my Grandfather dementia was discovered too far along and we were unable to get a Power of Attorney put in place. Link to comment Share on other sites More sharing options...
T 42 Posted February 21, 2011 Share Posted February 21, 2011 I understand POA has changed considerably in the last 3 years. If you have an older one it is still valid but my brief told me the current one isn't worth the candle. Link to comment Share on other sites More sharing options...
willman Posted February 21, 2011 Share Posted February 21, 2011 Can you tell me more about that please? Pretty pointless for you if you're in the US of A tbh, they make the laws up as they go along. Link to comment Share on other sites More sharing options...
mrhelpfull Posted February 22, 2011 Share Posted February 22, 2011 You can safely ignore most of the waffle on here, stick with what Medusa said and you have a fair idea and accurate idea of what POA can and cannot do. Link to comment Share on other sites More sharing options...
CarolW Posted February 22, 2011 Share Posted February 22, 2011 A power of attorney allows the nominated person to make decisions on behalf of someone, it does not stop due legal process. If you have to pay for a care home and a house sale is the only way to provide money a power of attorney has no legal power to prevent it. Theres only one correct legal way to stop the sale of a home for care and it costs upwards of £300. Please could you tell me more about this??? I'm currently having to go through Court of Protection for my mum...... Thanks :) Link to comment Share on other sites More sharing options...
Moosey Posted February 22, 2011 Share Posted February 22, 2011 I understand POA has changed considerably in the last 3 years. If you have an older one it is still valid but my brief told me the current one isn't worth the candle. Massively so. Mental Capacity Act changed everything, so now, to be considered incapable of making your own decisions, you have to be very, very incapacitated. I've had head injured clients who weren't considered "patients" under the terms of the act, even though most people would think them totally incapable. Link to comment Share on other sites More sharing options...
donuticus Posted February 22, 2011 Share Posted February 22, 2011 Pretty pointless for you if you're in the US of A tbh, they make the laws up as they go along. It's for my Mum living in Birmingham. She has MS and wants to be able to avoid having to sell her house to pay for her care home costs. Link to comment Share on other sites More sharing options...
chimay Posted February 22, 2011 Share Posted February 22, 2011 It's for my Mum living in Birmingham. She has MS and wants to be able to avoid having to sell her house to pay for her care home costs. If your mum has to go into a care home who does she think will pay for her care? Link to comment Share on other sites More sharing options...
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