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New power of attorney guide

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  • ColinBColinB Forumite
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    I think you're referring to one or both of two documents, either an Advance Decision to Refuse Treatment (aka a "Living Will") or an Advance Statement. They sound similar but are subtly different, the former is a legally binding document that defines the kind of medical treatment that you might want (or not want) in circumstances where you cannot communicate those wishes yourself. There are specific wordings that need to be included, which are are clear in the various templates available on the web (see links below). The Advance Statement is more an expression of your wishes about your future care and is not so tightly governed. Some references to start your research:
    https://www.ageuk.org.uk/information-advice/money-legal/legal-issues/advance-decisions/
    https://www.nhs.uk/conditions/end-of-life-care/advance-decision-to-refuse-treatment/
    https://compassionindying.org.uk/choose-a-way-to-make-an-advance-decision-living-will/
    https://www.nhs.uk/conditions/end-of-life-care/advance-statement/
    I've only had experience of the Advance Decision when helping to set one up for an elderly relative. Yes, it was helpful as his condition worsened, the medics treating him were aware of his wishes which they might not have been otherwise. It's also a good framework to have one of those difficult conversations with your nearest and dearest which we somehow never quite get round to.
  • lindalaplindalap Forumite
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    How do I obtain a copy of power of attorney in england.  I have lost mine my copy.
  • Rosie1980Rosie1980 Forumite
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    As far as I am aware you can't get a copy. It's up to you to make a copy once you've had it registered. If you do another you can create your own copy; you do not need a solicitor to do it. https://www.gov.uk/power-of-attorney/certify
  • OwlsBarbaraOwlsBarbara Forumite
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    I am attempting to register my LPA with various banks, however some will accept photocopies, some wont. Surely there should be a standard?
    Also Paragon bank tell me that when I do register an LPA with them I will loose access to my on-line banking to my Daughter!! Plus she will have immediate access to money in said account, surely wrong in every way? I've argued this with several of their staff but they are adamant.
  • FrogletinaFrogletina Forumite
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    The building society I used wanted the original poa but they photocopied it. Each bank will have their own proceedures regarding documentation.

    However, registering the POA should not take away your access but it would give your daughter full access, My husband who had Alzheimer's was still able to go and withdraw cash from his account as usual. However, I also had full control of all the accounts in his name. He didn't use online banking but I did and could see his transactions.

    Why do you want to register it with the bank now? You have the LPA and you or your daughter could register it with them in the future when either of you feel it is necessary. 
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  • Keep_pedallingKeep_pedalling Forumite
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    I am attempting to register my LPA with various banks, however some will accept photocopies, some wont. Surely there should be a standard?
    Also Paragon bank tell me that when I do register an LPA with them I will loose access to my on-line banking to my Daughter!! Plus she will have immediate access to money in said account, surely wrong in every way? I've argued this with several of their staff but 

     Time to drop Paragon, what they are saying is BS.
  • maceyratbagsmaceyratbags Forumite
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    My father naively took on LPA for a friend who was housebound. He was never given advice and although utilities were DD from his friends account, he shopped for her every week by withdrawing cash and broke the cardinal rule of LPA by not keeping receipts.  He did this for over 12 years, did her washing, cleaning, gardening, property repairs and cooked for her. Her will was never mentioned and she hadn’t changed it in decades. On her death her property and money was left to charity which my father didn’t have any problem with at all. Unfortunately though, her solicitor is now demanding he repays every penny that was withdrawn totalling over £60k, as there isn’t paperwork to back the withdrawals despite it being obvious what the money was used for. He is now facing court and it’s had a detrimental affect on his health (and my own) he’s in his 70s. 


  • edited 12 August 2020 at 10:43AM
    pphillipspphillips Forumite
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    edited 12 August 2020 at 10:43AM
    My father naively took on LPA for a friend who was housebound. He was never given advice and although utilities were DD from his friends account, he shopped for her every week by withdrawing cash and broke the cardinal rule of LPA by not keeping receipts.  He did this for over 12 years, did her washing, cleaning, gardening, property repairs and cooked for her. Her will was never mentioned and she hadn’t changed it in decades. On her death her property and money was left to charity which my father didn’t have any problem with at all. Unfortunately though, her solicitor is now demanding he repays every penny that was withdrawn totalling over £60k, as there isn’t paperwork to back the withdrawals despite it being obvious what the money was used for. He is now facing court and it’s had a detrimental affect on his health (and my own) he’s in his 70s. 


    Strange that the solicitor knows that he was an an attorney under the LPA but doesn't believe he had used any of the money for her benefit. Also hard to believe there are no witnesses who saw him looking after her and her property.
  • Sea_ShellSea_Shell Forumite
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    Quick question (sorry if it's been answered up thread, but I admit I haven't read all 64 pages)

    If, as an attorney, you have registered this with the donors bank, and have been dealing for some time, what happens if the donor revokes that PoA and registers a new one?

    Do the banks get notified?
    Do banks routinely recheck if a PoA is still valid?
    Would the bank only become aware when the new attorney presented a new PoA?
    Would the bank investigate any transactions made under the old PoA, if they post date the newly presented documents?


    It's a question that's come up on another thread, and I'm curious.

    TIA
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    This should now read "It's time to start digging up those Squirrelled Nuts"!!! :j:j:j
  • edited 12 August 2020 at 11:22AM
    pphillipspphillips Forumite
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    edited 12 August 2020 at 11:22AM
    Sea_Shell said:
    Quick question (sorry if it's been answered up thread, but I admit I haven't read all 64 pages)

    If, as an attorney, you have registered this with the donors bank, and have been dealing for some time, what happens if the donor revokes that PoA and registers a new one?

    Do the banks get notified?
    Do banks routinely recheck if a PoA is still valid?
    Would the bank only become aware when the new attorney presented a new PoA?
    Would the bank investigate any transactions made under the old PoA, if they post date the newly presented documents?


    It's a question that's come up on another thread, and I'm curious.

    TIA
    It's up to the donor or their solicitors to notify the bank that they have revoked their LPA. An attorney has no legal authority to act under a revoked LPA and could be committing an offence if they attempt to do so. If an LPA is not revoked, a new LPA supplements the old LPA.
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