Enduring Power of Attorney

[maxed]

To what extent does this give in control over someone when this has to be used?
And does it need to be registered with the Public Guardianship Office?
And what is the best way to set this up?

From "Bit Confused"

[malh001]

I have this for my mothers financial affairs. The best bet is to get a solicitor to arrange it for you.

It has to be registered with the guardianship office before the person becomes incapable otherwise it becomes void.

It basically gives you control over all their financial welfare and means you have to make decisions for them in their interest.

[mel]

Is it not normal for 2 people to have PoA over ones affairs? I know when my dad got diagnosed with Oldtimers both myself and my mum signed the Power of Attorney paperwork but neither of us can make any decisions independantly. Paperwork was drawn up by solicitor at which time my dad signed it and it was held on file, it only actually got sent to the public gaurdianship office once he had deteriated to a degree where he could no longer make independant decisions and at this time a further set of forms were endorsed by his GP to say as such.

[simpo two]

So are you saying it has to be sent to the Guardianship Office before they go bonkers or afterwards, when you wish to invoke it?

[malh001]

I'm not sure about it being two people. The solicitor never mentioned it at the time.

I only found out about it having to be registered recently when i read it on the net. I'm sure it said that it has to be done before they become incapable. I'll have to check on the guardianship website.

[malh001]

Here is a link to the website, has all the info.

www.guardianship.gov.uk/

1. When should an attorney apply to register the Enduring Power of Attorney (EPA)?
When the attorney believes that the donor is, or is becoming, mentally incapable of managing their own affairs. The attorney is then under a legal duty to apply as soon as possible to register the EPA.

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2. Should the attorney wait until the donor has completely lost their capacity to manage their own affairs before applying for registration?
No, attorneys should apply when the donor is becoming mentally incapable of managing their own affairs, i.e. sooner rather than later.

Edited by malh001 on Friday 21st July 13:25

[tigger1]

It doesn't need to be two people with "power" on it, and also it doesn't have to only come into effect when a person become bonkers (sorry, incapable of handling their own affairs). You can put whatever limitations you like on it, so this could mean that a husband could look after his wife's "stuff" while she is out of the country, or all of the time, or...anything really.

Speak to a solicitor is probably the best advice, these things need doing right.

Also though, everyone should consider doing one NOW, as soon EPA's will no longer exist (i.e. you won't be able to create a new one), and will be superceded by Lasting Powers of Attorney, which are going to cause a few problems. Certainly EPAs make things a lot simpler in the long term. (I'm 25 and have one already, as does the missus, and wills - although she's a solicitor in Wills & Probate, so we got them free [] )

[maxed]

malh001 said:

Here is a link to the website, has all the info.

www.guardianship.gov.uk/

Cheers, thanks for the link