New power of attorney guide

gregg1

My aunt gave her brother power of attorney which has now come into effect as she is developing dementia.

However, she keeps asking me to speak to a solicitor to get the PofA revoked. I don't think for one moment she can do this now but would appreciate advice.

She claims he refuses to give her any of her money (she is taken out a couple of times a week and wants spending money which he refuses to give her). There is also an issue with his wife taking her jewellery and refusing to return it. Other issues as well. Does anyone have the power to check a PofA is being handled correctly?

malid

gregg1 wrote: »

My aunt gave her brother power of attorney which has now come into effect as she is developing dementia.

However, she keeps asking me to speak to a solicitor to get the PofA revoked. I don't think for one moment she can do this now but would appreciate advice.

She claims he refuses to give her any of her money (she is taken out a couple of times a week and wants spending money which he refuses to give her). There is also an issue with his wife taking her jewellery and refusing to return it. Other issues as well. Does anyone have the power to check a PofA is being handled correctly?

This is potentially a serious issue or it coud be a symptom of your aunt's dementia. I think you should contact the office of the public guardian. Here is the link to what you suspect:
https://www.gov.uk/report-concern-about-attorney-deputy

I hope it works out ok. Regards

gregg1

malid wrote: »

This is potentially a serious issue or it coud be a symptom of your aunt's dementia. I think you should contact the office of the public guardian. Here is the link to what you suspect:
https://www.gov.uk/report-concern-about-attorney-deputy

I hope it works out ok. Regards

Many thanks.

That was exactly my thinking, not sure how much is imagined and how much is true. Knowing my uncle, my suspicion is it could be true but it is an extremely difficult situation.

I will contact them and make initial enquiries.

Marie27lol

Hi all

I have been given POA for my mum from when she lived in China for a few years - so I could look after accounts / housing etc.

She is still in a fine fettle.

However I have since moved and got married. Do we need to upate the POA?

Thanks
M

John_Pierpoint

I don't know the legal position, but you may well find that from a practical point of view that some front line staff, who don't really know what a power of attorney is, will refuse to accept it.
I have even had the date on letters of administration queried as too old. [They must have expected God to arrange a replacement representative here on earth before my time, and I hadn't even qualified for a bus pass yet:rotfl: ]

As long as you are talking about power of attorney and not lasting power of attorney, buying a form from a legal stationer (or downloading it from the interweb?) or simply copying the one you have already got and getting it signed and witnessed for your new identity, is cheap and quick.

Marie27lol

Hi John

Thank you for answering so fast.

I have just confirmed with Mum, and we have Enduring POA. Does this make a difference?

Marie

John_Pierpoint

I think you probably have the old system of POA & Enduring POA, both on the one document. This system allowed you to act as the attorney for the donor while they retained "capacity" to make their own decisions (which could include revoking the POA). If and when the donor lost "capacity" (basically their "marbles") you are meant to pay and register the enduring power with the court of protection.

However as the clever lawyers had managed to put both powers on the one document, only the attorney knew if the donor still had "capacity".
[When my late mother was struck down by a stroke, I bought one of these forms from a legal stationer on the way to the hospital, got mum to sign it, witnessed by a nurse. As things turned out I was able to manage mum's affairs for her last four years by just getting her to sign a form giving me the status of "authorised signatory" on her bank account. Keeping the POA in reserve if anyone was to query my authority]

Unfortunately a small minority had chosen fraudsters (or persons who became fraudsters under the pressure of caring for the donor).

So now the system is really bureaucratic, there are two forms of Lasting power of attorney, one for financial affairs and one for care decisions. The theory is that the whole family appoint a representative to keep an eye on the attorney and and the obligations of the attorney are clearly laid out [If you ever have a position of trust over someone else's money, it is vital to keep immaculate accounts even if it is just the syndicate for doing the lottery.].
The majority of the costs are now "up-front" but the odds are that the power will never be needed.
https://www.gov.uk/power-of-attorney/overview
The reality is here (beware there are some very confused people adding comments below the main item)
http://www.bbc.co.uk/blogs/theoneshow/2010/01/power-of-attorney-top-tips.shtml
http://forum.alzheimers.org.uk/showthread.php?487-Registering-an-Enduring-Power-of-Attorney

So yes I too have given an enduring power of attorney to my wife and son, before the law was changed, and legally it is still valid. If your mother needs a simple POA then the modest cost of reissuing it, might well make it easier to use.
An existing enduring power of attorney needs to be registered, should it ever be needed, presumably at that time the court will satisfy itself that you are still you?
This guidance from the NHS (usually the first organisation issuing the mantra "are they self funding" needing to find an attorney) is the only simple reference to the validity of a POA
http://www.nhs.uk/CarersDirect/moneyandlegal/legal/Pages/cancelling-power-of-attorney.aspx

valmiki

Hello, hope someone can answer my quick query...

My parents are both British Citizens (as am I), but are now retired and planning to move to India. They wish to hand over a POA to look after their financial affairs , either soon or at some point in the future.

Do I have to arrange a POA for them in this country before they leave, or would an Indian POA (ie. one that would be set up when I go to visit them in India) suffice?

Just wondering whether we would encounter any obstacles if we did the latter option?

Thanks for any advice!
valmiki

WoodruffsDad

My mother-in-law asked my wife and I to set up a LPOA for her because she is now 91, blind, deaf and unable to walk. Mentally she is very bright.

My wife and I have, after a lengthy process completed through a solicitor, got letters from the Office of the Public Guardian stating that the LPOA "has been registered".

My mother-in-law is in a nursing home with fees of £850 per week which she has to pay. Obviously, this means transferring money from her savings account to her current account from time to time in order to cover the direct debit.

My wife went into HSBC, mother-in-law's bank, with the papers from the Public Guardian and asked to be able to transfer money between accounts on behalf of her mother.

HSBC refused and said that my wife would need to make an appointment with them to come in and register the LPOA.

Is this correct? If the Public Guardian says that the LPOA is registered then surely that should be enough?

tooldle

I think the situation you have described is correct.
I am in the process of obtaining POA for my mum. I have spoken to her bank (Co-op). They tell me that when the POA is confirmed, I should make an appointment with my local branch, to register the POA. Once this is done, I will be issued with the appropriate passwords, cards etc to be able to make transactions on behalf of mum.