New power of attorney guide
Comments
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My question is: if named as a replacement Attorney, will my nephew automatically assume the role of EITHER of the two Attorneys in the event of their death? (i.e. for decisions which must be made jointly, will my nephew automatically become the other joint decision maker?), or do we need to explain in our application exactly how and where he would step in for either of us?
Look at page 19 of this document which is the supporting doc for the LPA, https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/245569/LPA112_Property_financial_affairs_guidance.pdf
It appears that if one attorney can't act then neither attorney can act in a joint situation and the replacement would step in. I'm sure a solicitor could help you in setting it up so the replacement works jointly with the remaining attorney. Or look at more of this document or into on the OPA's website.0 -
Really useful to read this thread. My mum (65) has asked me to be her attorney and we have filled in the forms. However we're a bit stuck on the guidance notes.
On the health and welfare, mum doesn't want to be kept alive if she is chronically ill or suffering, and would prefer to go 'when it's her time'. On the financial and property, she suggested that she would want the attorney to "keep the house in good repair" and "keep giving gifts to friends and family, as usual" (tends to be a few hundred at a time from her surplus income to her nieces and great nieces to help them out, and she has also given larger gifts to myself and my brother, for example I know she wants to give him a few thousand from her savings if and when he buys a property).
Should she put this into the guidance so that there is some record of these wishes in future should anyone be unsure of why I am fixing the roof or giving gifts to her relatives? Or are they going to cause more trouble by making the power invalid or difficult to carry out?
Also should she be paying the attorney? She's offered to compensate for the 'role' but I feel that it would be wrong - I wouldn't think of charging my own mum for helping her out - but am I being naive in thinking that?
I'd appreciate any views from those who have had the experience of being the attorney for a family member, and may have faced similar issues!0 -
It might be worth your mother also completing a living will, that lays out some guidance for resuscitation and the such like. I don't know much about the Health and Welfare LPA having not done one. With regards to gifts it's a dodgy area, you are entitled to continue usual gifting (I got my Nan to set up standing orders for her annual gifts so it's clear it is her intention to gift and continue gifting) but you should always be acting in the donors best interest, which isn't giving away all their money even if she's requested it. Might be worth seeking some legal advice for this.0
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My dad signed an Enduring Power of Attorney which was witnessed back in 2004.
We now need to get it registered, but it is not signed by the Attorneys (my brother and I). Can we sign it today and get our signatures witnessed today before it is registered; or did our signatures as Attorneys also have to be signed and witnessed back before the law changed?0 -
Today from HSBC bank I have received account changes stating that if a joint account holder loses mental capacity the account is effectively frozen until POA is provided. So except for existing direct debits/standing orders and any other transactions already arranged you would need to have a POA to continue using your joint account. HSBC isn't the only bank to have this policy!
There is no obligation to inform the bank.
David.0 -
Cook_County wrote: »My dad signed an Enduring Power of Attorney which was witnessed back in 2004.
We now need to get it registered, but it is not signed by the Attorneys (my brother and I). Can we sign it today and get our signatures witnessed today before it is registered; or did our signatures as Attorneys also have to be signed and witnessed back before the law changed?
Sorry to ask, can these documents be downloaded anywhere on line that allows ageing person to have family members represent him if loss of memory later as heading that way now? Thanks for your help
Or do you have to go to the solicitor and get the form, read you can have it signed and then to solicitor when memory etc goes??0 -
Brenda10 I assume you are after the Lasting Power Of attorney forms. You can complete them online and print (this is the most straight forward way) or download and print to complete by hand. Either way ensure that you follow the signature instructions carefully, they are not difficult but signatures must be in the correct order. You only need to involve a solicitor if you have very complex wishes. Here's the link to the forms
https://www.gov.uk/power-of-attorney/make-a-lasting-power-of-attorney0 -
There is no obligation to inform the bank.
David.
No I know that but I know a lot of people that have a close relationship with their bank and chances are blissfully unaware of the consequences they would tell them. I was also quite surprised, as most people would be, that they can stop you accessing your own money unless you have a power of attorney over someone else! I think it's a fact more people should be made aware of so that they either don't inform the bank if a situation arose or have an LPA in place to protect themselves.0 -
Question:-
How do I, as sole attorney to an LPA, sign cheques on the donor's account - just my signature or is additional information required? The bank will have received the necessary documentation they asked for before the situation arises in a few weeks time.0 -
Question:-
How do I, as sole attorney to an LPA, sign cheques on the donor's account - just my signature or is additional information required? The bank will have received the necessary documentation they asked for before the situation arises in a few weeks time.
My father's bank issued a new cheque book with my name on it as well as Dad's.0
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