Power of attorney

[Worstutility]

I am looking for a little advice really.

 

My dad lives 350 miles away from me and further away from my brother. Recently we have been travelling to see him because he has been diagnosed with terminal lung cancer and so we have been taking him to consultants appointments etc at his local hospital.

 

This evening he called me to state he had received a letter regarding benefits he was entitled to and it was quite a threatening letter looking for information however my brother had replied to this last month. They have obviously lost/not received the response he posted. Understandably my dad is quite upset and is under so much stress and worry that he doesn't feel he can deal with these things. In this instance obviously I will call them tomorrow, explain the circumstances and advise them of what my brother has already sent back to them. The thing that is worrying us now though is being able to help my dad out with these things. We have thought about redirecting his mail to me just so that I could keep an eye on things and I know my dad would be happy for this to happen but obviously it still means that he would still have to sign things etc etc. would this be illegal to do? The reason I am asking is because when I checked it on royal mail's website the special circumstances form is if you have power of attorney or if they have died but neither of these things apply here.

 

Can anyone advise what might be the best route for us to take? I know it's a long shot but it is a bit of a cry for help because we just want to make things easier for him.

 

Thanks in advance,

 

Worstutility

[citizenB]

I will try and find someone who can help. I think there is a way in which this can be done, but better explained by those with more knowledge than me.

[Lula]

You can google Lasting Power of Attorney and ask them to send you the forms (be warned it is a bit of an epistle) this is handy for when he is unable to make anymore decision for himself, the thing is you would need to do it whilst he is still able to understand what is happening , it should cost about £55 plus a few extra costs .

 

As far as the benefits agency are concerned, I would go round and ring them whilst he is sitting with you and he can tell them that he gives his permission for you to talk to them on his behalf, there will be security to go through so you cannot do it from separate houses. Good luck

[Worstutility]

Thanks everyone! My brother and I were discussing the Lasting Power of Attorney tonight. Are we able to do this ourselves with my dad and witnesses or do we need to involve solicitors? The problem we've got is that we don't live close by and have used most of our holidays travelling to see him for oncology appointments so it's difficult to get back to see him at the moment. Luckily we have carers going in to check him. I will call them tomorrow though and explain the situation.

[Guest]

do have a look at the forms and info/guidance, available on gov site.

there is the Health and Welfare LPA, and Ppty and Financial affairs LPA.

if dad has no 'mental incapacity', then a solicitor shldn't be needed?

[Mr.P]

Solicitors are not required for LPA (been through that myself). As for the benefits side of things, you can contact the DWP and become an appointee, although the process may be somewhat drawn out...

 

One final point to note: Even if you set up a redirection service with Royal Mail, not all letters will be sent on - Council tax and benefits letters are just two examples.

[citizenB]

https://www.gov.uk/power-of-attorney/overview

 

Option 2

 

Property and financial affairs lasting power of attorney

 

This lets you choose one person or more to make decisions about money and property for you, eg:

 

paying bills

collecting benefits

selling your home

 

This type of lasting power of attorney can be used as soon as it’s registered, with your permission.

 

Welfare benefits and tax credits

 

If you are unable to collect your benefits or tax credits for any reason, you might want someone else to collect them for you.

 

If the benefits or tax credits are paid into a bank or building society account, contact the bank or building society to arrange for someone else to collect them. You might have to fill out a third party mandate – see Bank and building society accounts above.

 

If the money is paid into a post office card account and needs to be regularly collected by someone else, contact the post office and ask about arranging for someone else to collect it. Someone who regularly collects benefit for someone else is often called an agent.

 

If your benefits or tax credits are normally paid by cheque, you can fill in the back of the cheque to allow someone else to cash it for you. If you want someone to cash a benefit or tax credits cheque for you on a regular basis, you should contact the office that deals with your benefits or tax credits payments to let them know.

 

You might need someone to deal with all aspects of your benefits or tax credits case, not just collecting payments. This could involve doing things such as:

 

filling in claim forms answering queries and letters

informing benefit or tax credit offices about any changes of circumstance.

If this is the case, you can ask for someone else, usually a relative but sometimes a friend or neighbour, to be made your appointee. You should contact the office which deals with your benefits or tax credits. You will need to fill in an application form, and someone will arrange to visit you and the person you want to act on your behalf.

 

You can also arrange for someone to deal with your benefits or tax credits case by giving them power of attorney

 

Here you go