Where do you stand with next of kin/power of attorney?


#1
Hi All,

Ive written on here a few times and have contacted PD helpline just not about this. My grandad legally is not my blood relative, but in regards to doctors and hospital I am his next of kin. However as I am not blood relative would this cause problems god forbid anything happened to him and a decision had to be made where would I stand? His children havent had anything to do with him for over 30 years and havent seen him in that time.

What happens with power of attorney or applying or becoming legally his next of kin?

#2
Hello Lesley83,

I think this is a tricky one which you would need to speak to your grandad to see if he was happy for you to be his power of attorney, if this was the case your best next step would be for you both to see a solicitor together as I assume as he has asked you to be his next of kin he would be happy to get these things sorted out. I think if you rang the helpline they have a legal member of staff that could advise you about all this. I do know of a few cases where a couple have lived together for 25years and the man in the relationship's children never bothered with him all their lives but once he died they contested the will and the lady had a real struggle to get her entitlement, she did win the case in the end but who wants this stress when you have lost someone close.
Everyone should get all thes things in place as soon as possible then you can forget about it until you have to, we did all this when we were fifty and my husband did his DNR forms a couple of years ago and I intend to do mine shortly.I hope you can get the information you need and I am sure many people on the forum will be interested so that they can do the same.
best wishes
vivian

#3
Grandad could appoint you as his attorney if he wants to. He can do it now or he can set it up and leave the papers waiting to be registered with a solicitor who would visit him and do the registration when the time comes, if the time comes. You need a solicitor to do it. If Grandad does nothing and becomes incapable of managing his affairs something called the court of protection will decide things but I understand they are slow and bills and things can be left unpaid for a long time and anyone trying to manage his affairs then have the added burden of their burearocacy . It is certainly worth talking with Grandad and a solicitor about it. love sunray

#4
I am a solicitor in Canada but I assume our laws are similar. Each person should have three things. (1) a power of attorney - this ceases on death. Any person over 18 can be your attorney. The power can be general or restricted and the person you choose as your attorney should be someone you trust completely. (2) a health care directive (living will)in which you appoint someone to make health care decisions for you in the event you cannot make them for yourself and (3) a will which disposes of your property after death (remember a POA ceases to be operative upon death.) Sunray is correct, you don't want the court of protection involved (called the "Public Trustee" here) as their costs add up quickly.

#5
hello I am new to this forum and am finding it difficult to navigate the site......has anyone any idea of the rough cost of obtaining lasting power of attorney and a living will. I am worried that my partner has the onset of pd

#6
Hi l don't know much of this legal stuff but I think your grandad can gift you everything while he's alive leaving no legal procedures after.would be a good way to stop the worrying here you can have everything when I'm gone now let's get on with living.just a thoughts.anyone help with gifting.all the best.john

#7
Hi derbyshire drummer,

I asked our helpline team if they could answer your question. The helpline manager passed along the following info:

The basic cost to register Power of Attorney (POA) is £130. There are separate powers for financial matters, property matters and for healthcare issues. If you wanted to register for POAs for both financial and healthcare matters, this would cost £260. Costs above that will depend on whether you use a solicitor or how complex your personal circumstances are. You can get legal advice on this from a solicitor but this is not essential.

The forms can be downloaded from website of the Office of the Public Guardian: http://www.justice.gov.uk/forms/opg

More information can also be found in our publication, Preparing for the end of life, which you can find here: http://bit.ly/XEXmLT


I hope it helps,

Ezinda

#8
thank you so much for the helpful info on P of A, we do need some help at the moment from any quarter

#9
This is something that We have receNtly set up . Using a solicitor. It is expensive done this way I now realise it could have been done on line . ours were quite simple we have only one daughter but we were advised to also have replacement attorneys in the event of her passing away before us . ( BELT AND BRACES ) lol.

Including doing the will this cost us £approx £1500. . IT IS A LOT OF MONEY . BUT BOTH MY PARENTS HAD STROKES and I know how difficult things can become if things are not set up

We want to protect our daughter and not give her any problems when MAYBE faced with a very stressful time .