New power of attorney guide

Mav6215

My mother, being old-fashioned, had everything paid at the bank or Post Office from paper bills.

I sent the PoA by email, post or in person to all her banks/savings, the DWP, gas/electric/water, internet, insurance and council. Once they had the PoA I set up online access (except water/council) as my mother was no longer able to deal with these on a regular basis. I was grateful some allowed the PoA to be accepted by email as it made it so much easier and quicker.

I also registered the Health & Welfare PoA with her GP so it is in place should it ever be needed.

vigman

Rosie1980 wrote: »

The OPG have put the price down it's only £110 each so £220 for both.

Only £55 each if earning less than £12000 pa. Easier to prove if on benefits or low paid or low pension.

If not working but not getting other income you have to say how you support yourself. My wife's letter simply stated she had retired early and was living on my pension until her work and state pensions are paid in a few years' time. This was accepted.

Vigman

Rosie1980

Does anyone have any experience of using an Ordinary Power of Attorney?
http://www.ageuk.org.uk/money-matters/legal-issues/powers-of-attorney/ordinary-power-of-attorney/
My Nan has had a stroke and is in hospital, she's been there a month with no sign of coming out anytime soon. I can't use the LPA I have for her as she wanted it to state "only to be used if I am mentally incapacitated", but now she's in hospital wishing she was no longer around (which is horrid to see someone you love suffering) she wants me to just deal with everything for her. She can't write, her speech is ok but there is no phone reception in the hospital. I can't take her anywhere to talk to companies on the phone as she very rarely has the energy to sit in a wheelchair, so I was considering using an OPA to act on her behalf but they aren't terribly well known about so I don't know if it's worth it. I only get to see her once a week as I live 100miles away and have my own young family to take care of.

vigman

All four POAs completed and returned successfully, including the two discounted ones for my wife, using the link in this thread.

Allow up to 6 hours (for 2 for each partner) and about 90 pages of paper and ink.

Get all signatories round a table and pass the documents around for signing and witnessing in order

Saved us a quoted £600 !!

Vigman

Elizabeth_Carpenter

OLD STYLE ENDURING POWER OF ATTORNEY

My solicitor holds my EPA which was written before the change to LASTING POWER of ATTORNEY.....my question is, can it be used if necessary to avoid further expense & if so, what exactly would need doing as regards activating it or lodging it in order to avoid further legal costs?

buglawton

I found that for the DWP, an additional photocopy of an LPA can be certified at a Jobcentre for free, so saving on the Post Office fee for the same service. In my case a new donor signature was not required, just had to present the original LPA and the copy at the Jobcentre.

Tom2023

My Dad is reaching the stage where he is having great difficulty looking after himself. He needs someone to accompany him to medical appointments and we are worried he could be taken advantage of financially.

I hope to get him to agree to Health and Welfare and Financial LPAs but I imagine he will see this as a precursor to sticking him in a home.

He can be a little cantankerous

I have read the government's guide but one thing that isn't clear is who decides if someone has lost their mental capacity?

Mav6215

Deleted as duplicated

Mav6215

The Mental Capacity Act 2005 has left some very grey areas but, from my understanding if it, the attorney can decide if the donor has capacity. You have to bear in mind that lack of capacity in one area does not necessarily mean lack of capacity in others.

From CAB when does someone lack capacity?

There are guidelines to help you work out whether someone has the mental capacity to make a decision. Someone is unable to make a decision if they can't:

understand the information needed to help them make the decision, even when the information is given in a way which meets their needs, for example, using simple language or by sign language, or

remember that information, or

use or weigh the information to help them make the decision, or

communicate their decision in any way.

The donor only needs to meet one of the four in order to be deemed as lacking capacity.

You may find that some institutions such as banks will require evidence from a professional such as GP, solicitor or social worker. Even then it can get confusing as Barclay's, for instance, have their own form to be completed by the attorney to declare lack of capacity and don't require any further evidence.

Errata

Tom2023 wrote: »

My Dad is reaching the stage where he is having great difficulty looking after himself. He needs someone to accompany him to medical appointments and we are worried he could be taken advantage of financially.

I hope to get him to agree to Health and Welfare and Financial LPAs but I imagine he will see this as a precursor to sticking him in a home.

He can be a little cantankerous

I have read the government's guide but one thing that isn't clear is who decides if someone has lost their mental capacity?

This government guidance will hopefully clarify things for you http://www.ntw.nhs.uk/fileUploads/14012697782012.06.19%20-%20App3a%20Role%20of%20Cert.Prov-no%20word%20doc-V03-Iss1-Sep12.pdf