New power of attorney guide

Primrose · 23 August 2017 at 2:46PM

I am sorry for the dilemma yiubare in. It sounds a nightmare. If the o of PG didnin fact register yiurnesrlier E PA they should have a note of it as as thinknevery document is given a case number. If you email the OPG with as many details as are relevant re names, dates etc they may be able to check and tell yiu exactly what the situation is.

Your bank statements should presumably show a record of the OPG payment going through. This might help them track it.

elsien · 24 August 2017 at 8:50AM

Capacity is time and decision specific. You would need advice from professionals involved in his care about his capacity now to complete another attorney form. It does seem a bit pointless though having to pay for and register another one when you already have the EPA even if he does have capacity. If he doesn't, then no it wouldn't be valid.
Deputyships are for people who lack capacity so he wouldn't be able to do that anyway, you would have to apply for it through the OPG. Again, there is a fee and it will take months.
Third option, again only if he has capacity, is for him to complete a third party mandate allowing you to carry out certain actions (such as withdraw money) on his behalf. Each bank has their own rules so you would need to check with Santander.

omits · 25 August 2017 at 7:22AM

My wife and I are going to start one. I have a question about naming a second person (our daughter) to take over if the primary attorney also looses capacity. Has anyone got any advice or experience of this issue especially problems with banks and taking over? Thanks.

Keep_pedalling · 25 August 2017 at 8:29AM

omits wrote: »

My wife and I are going to start one. I have a question about naming a second person (our daughter) to take over if the primary attorney also looses capacity. Has anyone got any advice or experience of this issue especially problems with banks and taking over? Thanks.

It should not cause a problem, but rather than appoint you daughter as back up attorney, I would appoint her as a joint attorney with the ability to act jointly and severally. This simplifies things somewhat as she will not have to prove that the primary attorney has lost capacity.

Primrose · 25 August 2017 at 8:59AM

I also would recommend appointing them jointly and severally. your daughter doesn,t have to act in tandem with your wife and can "filter" in and out of transactions if the occasion arises. Say for example your wife was temporarily incapacitated for a long while but not permanently without mental capacity. If your daughter were to step in as a replacement Attorney I think your wife,s position as primary attorney would then be invalidated and I'm sure that,s not what you want. Also as a replacement Attorney your daughter would not have the legal authority to temporarily help or act for your wife. Again, is this really what you would want to happen?

Having two attorneys acting jointly and severally means that either can act without restriction and provides the maximum flexibility to cope with whatever unexpected situations might arise. The whole point of having a P of A is to make life easier for the future and appointing your daughter as a replacement Attorney could in fact create a situation where life is more more not less complicated.

luca_duca · 30 August 2017 at 6:34PM

We are joint LPOAs for a family friend, but we have moved home so need to change the registered address. how do we do that?

Primrose · 30 August 2017 at 6:40PM

luca_duca wrote: »

We are joint LPOAs for a family friend, but we have moved home so need to change the registered address. how do we do that?

Contact the Office of Public Guardian via their website. I'm sure there is a proper way of going about this and I found them very helpful. You might want to post any response on here just in case others are similar affected. You might of course, if having to deal with any new banks or institutions for the first time, on your friend's behalf have to produce documentation such as utility bills for your new address to confirm your identity.

luca_duca · 30 August 2017 at 7:04PM

Thank you

I have just emailed them. il post what I find out

Keep_pedalling · 30 August 2017 at 7:19PM

There is no way LPAs can be amended, but rather like wills you don't need to change details like addresses.

nervousnovice · 6 October 2017 at 4:31PM

I have LPA in place and registered, but today the I wanted to change the bank where my Mothers pension is paid, and I was told that the DWP needed to have the LPA registered with them, and this could only be done by me sending the full LPA to DWP. They further added that there was no central register where LPA status could be checked. This sounds bonkers, and I am challenging it, but anyone else had this issue?

New power of attorney guide

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