New power of attorney guide

Rosie1980

Presumably you have registered your Power of Attorney with the bank. Santander say to sign cheques and write POA next to it, no new cheque book is issued, just ask the bank in question.

jack290292

Hi,
I agreed to be a reserve POE for a friend. This friends Son is the main POE. She moved from her house which she owns, into a care home and her Son has been renovating her house to sell. Can someone please tell me what of her money he can use for this..he has bought materials, paid builders when needed, bought fixtures and fittings, tools to do the work but has also now mentioned he will be claiming a "salary" for doing the work. Does this sound right? I am unaware of any of her finances...where they are kept, how much there is etc and when I asked her about her finances she said she has no idea what she now has where as it is all left to her Son.. I am just feeling slightly uneasy about things...although I have no evidence of wrong doing...
Would welcome and advise thanks

Rosie1980

I believe you can only take a salary or payment for your work if it has been written into the power of attorney. You could contact the OPG https://www.gov.uk/report-concern-about-attorney-deputy they might be able to answer your questions.

Scale_Rule

My wife and I have a LPA for a relative. After a stay in hospital she has decided that she would rather move to a care home than return to her own home.

Hit the first hurdle today trying to inform the home insurance people that the property is empty. No chance will not talk about it unless they see the LPA, fair enough.

My question is, if we begin to use the LPA for sorting things out are we obliged in anyway to tell everyone? The relative has only lost physical capacity she is still as sharp as a pin, when she requires banking I take the pc to her and we sort everything on line. I am concerned that when/if I inform the bank (Lloyds) of the LPA everything will go in to lock down.

getmore4less

Scale_Rule wrote: »

My wife and I have a LPA for a relative. After a stay in hospital she has decided that she would rather move to a care home than return to her own home.

Hit the first hurdle today trying to inform the home insurance people that the property is empty. No chance will not talk about it unless they see the LPA, fair enough.

My question is, if we begin to use the LPA for sorting things out are we obliged in anyway to tell everyone? The relative has only lost physical capacity she is still as sharp as a pin, when she requires banking I take the pc to her and we sort everything on line. I am concerned that when/if I inform the bank (Lloyds) of the LPA everything will go in to lock down.

you don't need to use theLPA just use a regular POA

Rosie1980

You only need to register the LPA with any organisation who you wish to transact with on her behalf. So if you need to do banking for her either online or in branch you need to register the LPA with them, if not then don't bother for now. When you do register it they do not lock down her access, she can still carry on online, writing cheques etc but you would also be able to do those things too.

weatherlobe

I have a similar question.
I am the only child of my 100 year old mother who has no surviving relatives. In 2007 just as blieve the law changed she made an EPA nominating me as the attorney.
She has no mental incapacities, she just is very hard of hearing, housebound and cannot cope with any phonecalls/admin or fuss. Every few weeks when I visit her I sort out all her paperwork which she leaves in a large fruitbowl for me.
Her main Banks are HSBC & Natwest. The EPA's are registered with both of them but I require on line access purely to keep an eye on them. With Natwest there was no problem. I do this, but after lengthy meetings HSBC said it could NOT register me for internet access unless the EPA was stamped by the Office of the Public Guardian and gave me sheaves of papers of how to do this. But when I spoke to them and explained the situation, the adviser did not feel that it was appropriate to register it as under the terms of the Mental Capacities Act 2005 my mother does not fall into any of those categories. HSBC are supposedly seeking extra clarification as the British Bankers Association site has details of what to do with an unregistered EPA.Has anyone else encountered this situation?

Filey

I haven't read the whole thread but from what I have read it seems surprising to me that many/most of the applications are by people who are looking after the affairs of a relative, not by people on their own behalf who are thinking ahead. It must be a nightmare in many cases trying to get things organised after someone becomes incapacitated.

I may be a bit obsessive about this but I want to make things as easy as possible for my children when/if I get unable to manage my own affairs. I have joint accounts with one of my daughters so she has access to money, and am in the process of setting up a Lasting Power of Attorney, both financial and welfare, and (for my own sake) making an Advance Directive about what I do and don't want to be done to me when I become ill or seriously incapacitated.

It's hard enough for oneself and relatives in these cases without having to deal with these things which could have been to a certain extent foreseen. Two of my nearer daughters are registered as attorneys and a third who lives in Canada is named as fall back should the need arise.

What is the saying? Only two things in this life are certain - death and taxes.

M5lfh

Power of attorney, wills and probate can be such a mine field and also really can cause barriers between family members. Also it is imperative to make sure you get the right advice as it can be very costly if you don't not just financially but also emotionally. If you are on twitter you can check out #Solicitorhour for FREE, expert, impartial advice. you can visit the law society and they have a fabulous video of real people going through the same thing I found these really useful.

aps48

I recently purchased a cheap will offer from wowcher and have just agreed a draft will with the company. They are also offering to do LPA's for me but the company is quite new and all I can see on their website is that they are a member of the society of will writers. Is it advisable to use a company who are not solicitors but provide this service? I have never done a will before nor a LPA and am a bit anxious about it. Thanks in advance