Power of Attorney

[Humpy D]

Currently completing the forms for the mil's power of attorney. Reasonably straightforward as her 2 daughters will be the 2 attorneys. However, we have been told by a family member that all blood relations (of the mil) must be informed about the PoA but I can't find anything in the paperwork that says this. There is a section in which you can show the details of anyone who should be told about the PoA but I can't see that the completion of this is mandatory. Thoughts?

We are not using a solicitor for this as we don't see a need. Maybe if we did they may recommend telling anyone closely related about the PoA so as to diffuse any possible issues down the line but mandatory?

Thanks.

[RATATTAK]

Not madatory AFAIK but common sense and polite.

[PugwasHDJ80]

IANAL

But

I will have POA for my father both financially and over health, the other attorney is a non blood relative current sitting judge in the high court. We spoke yesterday about the paperwork and I'm sure he would have mentioned that I needed to tell my brothers and sisters- we have a complicated family so he knows it would be an event.

[Simpo Two]

RATATTAK said:

Not madatory AFAIK but common sense and polite.

I think the OP should reach a judgement on what the others are like. If they are decent people, then fine. But if not, it might invite future complication.

[monthou]

Simpo Two said:

RATATTAK said:

Not madatory AFAIK but common sense and polite.

I think the OP should reach a judgement on what the others are like. If they are decent people, then fine. But if not, it might invite future complication.

If anything I would have thought it would simplify things - at the point a PoA is arranged the person in question presumably has the capacity to confirm it's what they want.
It might cause ill feelings / arguments, but that's a different issue. And IANAL, I'm not for a second saying the OP must or should inform anyone.

[outnumbered]

Humpy D said:

Currently completing the forms for the mil's power of attorney. Reasonably straightforward as her 2 daughters will be the 2 attorneys. However, we have been told by a family member that all blood relations (of the mil) must be informed about the PoA but I can't find anything in the paperwork that says this. There is a section in which you can show the details of anyone who should be told about the PoA but I can't see that the completion of this is mandatory. Thoughts?

We are not using a solicitor for this as we don't see a need. Maybe if we did they may recommend telling anyone closely related about the PoA so as to diffuse any possible issues down the line but mandatory?

Thanks.

It used to be mandatory to inform close family members with the old type of PoA, but is not with the current type.

[Humpy D]

outnumbered said:

It used to be mandatory to inform close family members with the old type of PoA, but is not with the current type.

I strongly suspect the person who advised us hasn't had to deal with a PoA for some years and didn't know the requirements had changed (above).

Thanks for all the replies.