Applying for Power of Attorney over finances

sloughflint

Latter part of my post was tongue in cheek. Were assets frozen and how long did the process take?

Errata wrote: »

Water under the bridge now that form of POA no longer exists.

But there are still many EPAs still in place hence my interest at the options.

Errata

I honestly can't remember how long it took, it happened a number of years ago but from memory it was ok and didn't cause any problems or stress.
The assets weren't frozen, but I'm not sure I understood why they would be.

sloughflint

Errata wrote: »

As with arranging a POA before it's too late, registering it when everything and everyone was feeling cool, calm and collected seemed sensible.

You've obviously done it and it's worked well for you but I've been having a further look at the the COP website and in particular the pack for registering an EPA.

It keeps mentioning loss of mental faculty everywhere as being the right time to do the registration:
In fact EP1pG gives the opportunity for objection:

The grounds on which you may object to the proposed registration are:
•
That the power purported to be created by the instrument is not valid as an enduring power of attorney
•
That the power created by the instrument no longer subsists
•
That the application is premature because the donor is not yet becoming mentally incapable
•
That fraud or undue pressure was used to induce the donor to make the power
•
That the attorney is unsuitable to be the donor’s attorney (having regard to all the circumstances and in particular the attorney’s relationship to or connection with the donor).

I was also always under the impression that EPAs could be revoked at any time prior to registration but not thereafter.

I feel that registering would remove the donor's freedom. I won't be going down that road unless I absolutely have to and hope I never have to.

Errata

That the application is premature because the donor is not yet becoming mentally incapable

It wasn't premature because the person, through age and a serious physical illness at the time, was mentally incapable of understanding and dealing with all the ins and outs involved in selling their property, having never sold one before in their lives, but perfectly mentally capable of everyday financial management like paying the milkman etc.

From the Office of Public Guardian -
However if you have an unregistered EPA, it can still be used and your Attorney will still need to register it with the OPG if they have reason to believe you are, or are becoming, mentally incapable in the futureHowever if you have an unregistered EPA, it can still be used and your Attorney will still need to register it with the OPG if they have reason to believe you are, or are becoming, mentally incapable in the future

sloughflint

I understand. That makes sense now.I thought you were referring to registration prior to loss of mental faculty rather like the new LPAs for simplicity and convenience.

I hope Op hasn't been completely confused with the last few posts.

Biggles

Kerry, the full range of powers is available with an unregistered EPA (I sold my mother's home with one 18 months ago).

If you have the more recent LPA, you also have the full range of powers over her financial affairs.

When the time for registration arrives of an EPA, there is no freezing of assets, in fact the banks etc don't know that you are registering it until you tell them after the event.