Can I consolidate debts of husband if he is unable by using power of attorney?

peb

localhero wrote: »

If he has mental capacity and agrees, then it would make sense for him to make a Lasting Power of Attorney.

They can be quite expensive to arrange, but it is theoretically possible to download the forms and do it yourself.

Before you can use it however, you will need to pay a fee of £150 to register it with the Office of the Public Guardian.

Why would it need to be registered?

Mu understanding is that it can only be registered if the grantor is mentally incapable and if he is mentally incapable the power cannot be granted. I know there was a big change with EPA's but I thought this had not altered....

OK - I do property not trust but there is an overlap?

sparklymessygirl

I was curious about this and found some info - It seems from this link that it has to be registered and only then can it be used "whether the grantor is mentally capable or not"

http://www.direct.gov.uk/en/Over50s/HomeAndCommunity/Carers/DG_10026855

Sparkly

Troubled_Joe

You don't need an LPA for this situation.

Just an old-fashioned general power of attorney that has nothing to do with mental capability - have a search on google for full details.

You don't even need it to be done by a solicitor, just witnessed by someone independent.

localhero

peb wrote:

Why would it need to be registered?

Mu understanding is that it can only be registered if the grantor is mentally incapable and if he is mentally incapable the power cannot be granted. I know there was a big change with EPA's but I thought this had not altered....

OK - I do property not trust but there is an overlap?

The Lasting Power of Attorney differs over the Enduring Power of Attorney (it's no longer possible to arrange an EPA) in that before it can be used it must be registered.

The donor or any of the attorneys can register the LPA anytime whether or not capacity has been lost, though most donors postpone when their attorney(s) can act until they have lost mental capacity.

Most solicitors or willwriters will charge £150 - £300 for one of these, though my own firm charges a lot less than this.

Troubled_Joe

Also known as an ordinary power of attorney:

"An Ordinary Power of Attorney is usually created for a set period of time in cases where the Donor is going abroad or is unable to act for some other reason and wishes someone else to have the authority to act on his or her behalf. The authority granted can be general or limited to specific affairs.
An Ordinary Power of Attorney will usually end either at a specified time or upon the request of the Donor at any time using a Deed of Revocation and will automatically be revoked if the Donor loses mental capacity. There is no requirement for an Ordinary Power of Attorney to be registered."

purplefiona

sparklymessygirl wrote: »

I was curious about this and found some info - It seems from this link that it has to be registered and only then can it be used "whether the grantor is mentally capable or not"

http://www.direct.gov.uk/en/Over50s/HomeAndCommunity/Carers/DG_10026855

Sparkly

Thanks thats a brilliant link. It says:
Registering an LPA

Either you or your attorney can apply to the Public Guardian to register your LPA. The application can be made at any time after you have made an LPA.
Before the application to register the LPA is made, the people named as being entitled to receive notification of the application must be told by the person who wants to register it.


Does this mean that he will have to tell all the credit card people he's going to register an LPA? Because he can't. How will I or whoever gets LPA over his finances let the credit card people know? Will I have to send them a copy?
The links to the new Mental Capacity Act are handy too

Troubled_Joe

Have a look at the Powers of Attorney Act 1971.

Schedule 1 gives you a recommended form:

THIS GENERAL POWER OF ATTORNEY is made this .. .. day of .. .. 19 .. .. by AB of
I appoint CD of (or CD of .. .. .. .. .. .. .. .. .. and EF of .. .. .. .. .. .. .. .. .. jointly or jointly and severally) to be my attorney(s) in accordance with section 10 of the Powers of Attorney Act 1971.
IN WITNESS etc,

I can't see that you need an LPA for the situation you have described.

localhero

You give them a copy of it - though make sure you keep hold of the original.

Be warned though, many financial institutions don't have a clue what a power of attorney is and may at first refuse to talk to you, so you must be firm with them or ask to speak to a supervisor/manager.

The fact is you will by law have stepped into the donor's shoes (so to speak) so they cannot refuse.

purplefiona

Troubled_Joe wrote: »

Have a look at the Powers of Attorney Act 1971.

Schedule 1 gives you a recommended form:

THIS GENERAL POWER OF ATTORNEY is made this .. .. day of .. .. 19 .. .. by AB of
I appoint CD of (or CD of .. .. .. .. .. .. .. .. .. and EF of .. .. .. .. .. .. .. .. .. jointly or jointly and severally) to be my attorney(s) in accordance with section 10 of the Powers of Attorney Act 1971.
IN WITNESS etc,

I can't see that you need an LPA for the situation you have described.

yes. I will have a read and see if I can do something like that. I found this link useful also
http://www.netlawman.co.uk/info/ordinary-power-of-attorney.php

And it mentions third party mandates which I could do for the bank account but not for the credit cards I guess.

Crumbs what am I voluteering for here!!!

localhero

I agree that an ordinary power of attorney could suffice. The disadvantage of that over the LPA is that if mental capacity is later lost for whatever reason the power would come to an end.

However with the LPA it would continue.