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    • MSE Jenny
    • By MSE Jenny 13th Dec 11, 12:57 PM
    • 1,218Posts
    • 3,554Thanks
    MSE Jenny
    New power of attorney guide
    • #1
    • 13th Dec 11, 12:57 PM
    New power of attorney guide 13th Dec 11 at 12:57 PM



    Hi, we've written a new Power of Attorney guide to help people plan ahead, and we'd love your feedback.

    If you've set up power of attorney, what are your practical tips? If you're already an attorney for someone else, what advice do you have for others? What else would you add?

    Thanks
    for your help!


    MSE Jenny

    Last edited by MSE Jenny; 21-12-2011 at 2:19 PM.
Page 21
    • nervousnovice
    • By nervousnovice 6th Oct 17, 4:31 PM
    • 29 Posts
    • 6 Thanks
    nervousnovice
    Proving you have LPA
    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?
    • Primrose
    • By Primrose 6th Oct 17, 5:51 PM
    • 7,674 Posts
    • 25,809 Thanks
    Primrose
    Sorry, can,t answer this question but based on past bitter experience I would only advise never, never EVER put your original P of A document in the post to anybody unless you have at least one certified copy as backup. Preferably, if you have to provide evidence of having p of A send the certified copy rather than the original or ask if they will accept an ordinary photocopy. Institutions are not always careful with these documents, and often return them in the ordinary post rather by registered mail so they can easily go astray.
    Last edited by Primrose; 16-10-2017 at 4:58 PM.
    • badmemory
    • By badmemory 6th Oct 17, 6:17 PM
    • 798 Posts
    • 779 Thanks
    badmemory
    It's easy. Make an appointment with your local job centre who will copy & sign the copy POA free. Send said copy to DWP. Yes you do need to let them have this along with HMRC. The good thing is that DWP send their copy back, which you can then send to HMRC & they send it back. You can now use this whilst sticking like glue to the original. I assume you can tell - been there, done that, got the T-shirt. If you can't give them the info to tick boxes 1, 2 & 3 then they won't tick box 4.

    This is actually a good thing or who knows what might happen to our more vulnerable family members if someone unscrupulous got hands on their info.

    ETA - I would agree with Primrose - never ever put a POA in the post. I spent a day trekking round banks (never thought I'd be grateful for being on short time) & the POA never got further from me than the closest photocopier. It may only have been 5 years ago but I believe they scan them in now.
    Last edited by badmemory; 06-10-2017 at 6:26 PM.
    • Primrose
    • By Primrose 6th Oct 17, 7:54 PM
    • 7,674 Posts
    • 25,809 Thanks
    Primrose
    And do check, before you leave whichever office you visit, that the copy of the Pof A you get back from their photocopying exercise has the same number of pages as when you handed it over. Sound elementary but only too easy for some careless administrator to forget the last page of the document and leave it in the photocopier or scanner !
    • Mav6215
    • By Mav6215 6th Oct 17, 8:47 PM
    • 76 Posts
    • 54 Thanks
    Mav6215
    I posted a certified copy of my mum's PoA to the DWP and they returned it a few days later.

    I agree with never letting the original out of your sight.
    • Keep pedalling
    • By Keep pedalling 6th Oct 17, 11:01 PM
    • 3,745 Posts
    • 4,010 Thanks
    Keep pedalling
    If a person still has capacity they can certify copies themselves, which is what I got my mum to do straight after her LPA was registered. We already have certified copies of our own LPAs which are held by our children who are also joint attorneys.

    https://www.gov.uk/power-of-attorney/certify
    • badmemory
    • By badmemory 7th Oct 17, 5:41 AM
    • 798 Posts
    • 779 Thanks
    badmemory
    If a person still has capacity they can certify copies themselves, which is what I got my mum to do straight after her LPA was registered. We already have certified copies of our own LPAs which are held by our children who are also joint attorneys.

    https://www.gov.uk/power-of-attorney/certify
    Originally posted by Keep pedalling
    Never thought of that - I should do that with mine.

    Although I have been surprised by people/companies when dealing with them via a POA. Some seem to like to make life difficult (I won't name & shame as it is 5 yrs ago & hopefully they have seen the light) & some that you expect to be a pain can be really helpful. After all who among us would expect a solicitor's office dealing with the donor's house sale, and needing the POA to do it obviously, nice lowish quote already given & accepted, when copying for their own purposes as required offered to do me a copy. Next thing I know I have another certified copy. Definitely not your standard bloodsucker!
    • sheramber
    • By sheramber 7th Oct 17, 1:43 PM
    • 3,740 Posts
    • 2,757 Thanks
    sheramber
    There is no way LPAs can be amended, but rather like wills you don't need to change details like addresses.
    Originally posted by Keep pedalling
    If the person still has capacity they can change their POA

    You do indeed need to advise a change of address for attorneys- As advised on Office of Public Guardian site


    If your attorney’s details change
    You must write to OPG if one of your attorneys has changed their:

    name - by marriage or deed poll
    address

    You need to provide supporting documents, such as the original marriage certificate, with their new name and address.

    Don’t make changes to your LPA document itself, as it might become invalid. You must contact OPG to make changes to your LPA.
    • Keep pedalling
    • By Keep pedalling 7th Oct 17, 3:25 PM
    • 3,745 Posts
    • 4,010 Thanks
    Keep pedalling
    If the person still has capacity they can change their POA

    You do indeed need to advise a change of address for attorneys- As advised on Office of Public Guardian site


    If your attorney’s details change
    You must write to OPG if one of your attorneys has changed their:

    name - by marriage or deed poll
    address

    You need to provide supporting documents, such as the original marriage certificate, with their new name and address.

    Don’t make changes to your LPA document itself, as it might become invalid. You must contact OPG to make changes to your LPA.
    Originally posted by sheramber
    Thanks for that I was not aware that change of addresses have to be reported back, although quite how that happens if you have already lost capacity I don't know. Apart from addresses you have to reoport the death of an attorney, you can also remove them, but you can't make any other changes such as changing the terms of the LPA or appointing new attorneys, that requires revocation and starting again.
    • nervousnovice
    • By nervousnovice 16th Oct 17, 12:16 PM
    • 29 Posts
    • 6 Thanks
    nervousnovice
    Still can't work out why the DWP can't just check with the OPG who have registered the LPA? Surely that would save lots of time for attorneys/donors/third parties and the various government bodies such as DWP/HMRC etc
    • badmemory
    • By badmemory 16th Oct 17, 4:41 PM
    • 798 Posts
    • 779 Thanks
    badmemory
    The OPG would have no proof that the donor had actually given the attorney the right to use it or become incapable of managing their affairs. In fact they may have specifically refused. I have a POA but I would be a little cross if someone tried to use it. I always assumed that this is why the POA is returned to the donor after registration and NOT to the attorney. In fact my mother held onto hers until we all (including her) decided it was time to use it.
    Last edited by badmemory; 16-10-2017 at 4:43 PM.
    • sheramber
    • By sheramber 16th Oct 17, 11:46 PM
    • 3,740 Posts
    • 2,757 Thanks
    sheramber
    Thanks for that I was not aware that change of addresses have to be reported back, although quite how that happens if you have already lost capacity I don't know. Apart from addresses you have to reoport the death of an attorney, you can also remove them, but you can't make any other changes such as changing the terms of the LPA or appointing new attorneys, that requires revocation and starting again.
    Originally posted by Keep pedalling
    If you have lost capacity your attorney will be acting and will notify the change in that capacity.
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