Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • workingboy
    • By workingboy 1st Mar 17, 8:34 PM
    • 166Posts
    • 5Thanks
    workingboy
    Power of Attorney on behalf of daughter
    • #1
    • 1st Mar 17, 8:34 PM
    Power of Attorney on behalf of daughter 1st Mar 17 at 8:34 PM
    Not sure if this is the correct section for this.

    Today we have been advised to apply for a 'Power of Attorney' for our adult daughter who has a learning disability.

    As she is living with us and will always, or with her elder sister or brothers later in life who we have nominated as her guardians.

    Would we apply for a 'Lasting Power of Attorney' for 'health and welfare' as she has no assets.

    Also would she be eligible for any 'exemption or remission' of the fee's to register with the 'Office of the Public Guardian'.

    thanks
Page 1
    • DomRavioli
    • By DomRavioli 1st Mar 17, 8:50 PM
    • 3,005 Posts
    • 5,131 Thanks
    DomRavioli
    • #2
    • 1st Mar 17, 8:50 PM
    • #2
    • 1st Mar 17, 8:50 PM
    I suggest you speak to a professional who is experienced in it, as each POA or LPOA is different.
    • NeilCr
    • By NeilCr 1st Mar 17, 10:14 PM
    • 797 Posts
    • 815 Thanks
    NeilCr
    • #3
    • 1st Mar 17, 10:14 PM
    • #3
    • 1st Mar 17, 10:14 PM
    Quite a lot of information here

    https://www.citizensadvice.org.uk/family/looking-after-people/managing-affairs-for-someone-else/

    But I agree about getting professional advice
    • Keep pedalling
    • By Keep pedalling 1st Mar 17, 10:19 PM
    • 3,032 Posts
    • 3,230 Thanks
    Keep pedalling
    • #4
    • 1st Mar 17, 10:19 PM
    • #4
    • 1st Mar 17, 10:19 PM
    Does you daughter have the mental capacity to understand what is involved in giving you the authority of a POA? If not you cannot set up LPAs on her behalf you would need to apply to be court appointed deputies.

    https://www.scope.org.uk/support/disabled-people/money/power-of-attorney-poa



    • JohnnieW
    • By JohnnieW 5th Mar 17, 4:46 PM
    • 39 Posts
    • 48 Thanks
    JohnnieW
    • #5
    • 5th Mar 17, 4:46 PM
    • #5
    • 5th Mar 17, 4:46 PM
    Keep peddling is correct. If your daughter has learning difficulties, it is highly likely she will be unable to give you poa. You will need to go to the court of protection.
    Best see a professional. If her learning difficulties are mild, then it would be possible, but an experienced solicitor would be able to tell you.
    • workingboy
    • By workingboy 5th Mar 17, 11:50 PM
    • 166 Posts
    • 5 Thanks
    workingboy
    • #6
    • 5th Mar 17, 11:50 PM
    • #6
    • 5th Mar 17, 11:50 PM
    Thanks all,

    She does not understand the meaning as with other things.

    So i think we would have to apply to the courts to gain the POA for her well being.

    thanks again
    • Keep pedalling
    • By Keep pedalling 6th Mar 17, 10:25 AM
    • 3,032 Posts
    • 3,230 Thanks
    Keep pedalling
    • #7
    • 6th Mar 17, 10:25 AM
    • #7
    • 6th Mar 17, 10:25 AM
    You do need professional advice on this, but in the first instance have a chat with Scope who should be able to advise on the first steps to take.

    Although your daughter has no assets, as an adult she will be entitled to beniefits so having authority to act on her behalf for financial matters would be wise, and you don't really want to go through this process twice.
    • connor08
    • By connor08 13th Mar 17, 7:08 PM
    • 58 Posts
    • 2 Thanks
    connor08
    • #8
    • 13th Mar 17, 7:08 PM
    • #8
    • 13th Mar 17, 7:08 PM
    Not sure if this is the correct section for this.

    Today we have been advised to apply for a 'Power of Attorney' for our adult daughter who has a learning disability.

    As she is living with us and will always, or with her elder sister or brothers later in life who we have nominated as her guardians.

    Would we apply for a 'Lasting Power of Attorney' for 'health and welfare' as she has no assets.

    Also would she be eligible for any 'exemption or remission' of the fee's to register with the 'Office of the Public Guardian'.

    thanks
    Originally posted by workingboy
    I am my sons power of attorney but haven't done it leggaly you just tell the person or company that you are acting of power of attorney and that should be for life then as long as they are willing to speak to you on their behalf and let you deal with things
    • Tipsntreats
    • By Tipsntreats 14th Mar 17, 11:24 AM
    • 6,196 Posts
    • 7,565 Thanks
    Tipsntreats
    • #9
    • 14th Mar 17, 11:24 AM
    • #9
    • 14th Mar 17, 11:24 AM
    workingboy You can use a solicitor to apply, but that does cost.
    You can apply online, and it is fairly simple.
    For people that totally lack capacity, you will need to apply for a Deputy order. I am a Deputy for my Uncle. To obtain a welfare order is almost impossible, as the COP will only accept welfare decisions, that include consultation with professionals including yourself.

    If your daughter has some capacity, you could ask her to make you an appointee on her bank account. You must also ask her to sign a letter to her GP, making you N.O.K. I know this sounds strange, being her parents, but she is an adult. You are able to help her make decisions without the need of an LPA.

    As you state she has no assets, I personally do not see the need to apply for an LPA. But, you can always apply and shelve it for the future.
    In the future, appointee on bank, and N.O.K. can be passed on to her sibling, or whoever is the carer.
    I hope this helps.
    Tips x
    Money, money, money
    Must be funny
    • Keep pedalling
    • By Keep pedalling 15th Mar 17, 1:09 AM
    • 3,032 Posts
    • 3,230 Thanks
    Keep pedalling
    I am my sons power of attorney but haven't done it leggaly you just tell the person or company that you are acting of power of attorney and that should be for life then as long as they are willing to speak to you on their behalf and let you deal with things
    Originally posted by connor08
    You are not his POA, and telling porkies like that won't work with organisations like banks or the DWP who will not deal with you without seeing will seeing proof that you have the power to act for him.
    • Tipsntreats
    • By Tipsntreats 15th Mar 17, 5:05 PM
    • 6,196 Posts
    • 7,565 Thanks
    Tipsntreats
    You are not his POA, and telling porkies like that won't work with organisations like banks or the DWP who will not deal with you without seeing will seeing proof that you have the power to act for him.
    Originally posted by Keep pedalling
    Yes it must be done officially. The COP are not there for nothing.
    Tips x
    Money, money, money
    Must be funny
    • elsien
    • By elsien 15th Mar 17, 5:17 PM
    • 14,548 Posts
    • 36,037 Thanks
    elsien
    It is less easy to get an ongoing health/welfare deputyship than a financial one, as the CoP tends to consider that the Mental Capacity Act/ best interests process generally covers the bases although they may appoint a deputy for one off decisions.
    https://www.gov.uk/become-deputy/overview

    And as she is an adult, despite her learning disability, then she does not have a guardian. Or are you in Scotland?
    Last edited by elsien; 15-03-2017 at 5:23 PM.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • elsien
    • By elsien 15th Mar 17, 5:24 PM
    • 14,548 Posts
    • 36,037 Thanks
    elsien
    You are not his POA, and telling porkies like that won't work with organisations like banks or the DWP who will not deal with you without seeing will seeing proof that you have the power to act for him.
    Originally posted by Keep pedalling
    Or hospitals - just had to take the power of attorney in to show them and for them to copy before the doctors would discuss anything fully.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

2,314Posts Today

8,531Users online

Martin's Twitter