Spending money under EPA.

cavework

'If you have a power of attorney then it means that the person (donor) on whose behalf you are acting doesn't have mental capacity. The rules are the same if someone has dementia or a lack of mental capacity due to a stroke / accident.' Quoted by Neswgirl

Absolute rubbish .. where the heck did you get this information from , you are totally wrong.

If someone has no mental capacity to control their own finances and health care then a COP has to be obtained if POA has not been granted in the past, this is usually due to a sudden inability to control their own finances due to stroke, accident etc.
POA can be agreed with a relative who still has full mental capacity but if anything occurs at a later date regarding dementia (which will be confirmed by a Health expert) there is no need to go through the process of obtaining a COP.
I have COP for my Father and a POA for my Mum who still has full mental capacity.Any decisions are made with her agreement at the moment.
POA will not be granted if there is reason to believe the donor (yes they are refered to as this and still alive) is not in a position mentally to make decisions for themselves regarding finance and health issues. The donor is the only person who can allow an application for POA to take place.

cavework

POA gives you copies to present to your bank as does COP.
I have had to use both of these for a joint bank account
Yes if you already have POA then if the person does end up unable to control their own affairs you can then work with the POA already in place.
You cannot get a POA for someone who is deemed unable to make their own decisions regarding finance due to stroke/ dementia that has occured without a POA already in place.
This was not a rude response and if you are not happy with my reply I suggest you check the facts with your solicitor .

Torry_Quine

newsgirl wrote: »

If you have a power of attorney then it means that the person (donor) on whose behalf you are acting doesn't have mental capacity. The rules are the same if someone has dementia or a lack of mental capacity due to a stroke / accident.

!

Not true actually. My OH has POA for his mother who still has full mental capacity.

monkeyspanner

Torry_Quine wrote: »

Not true actually. My OH has POA for his mother who still has full mental capacity.

Very true but some banks and financial organisations fail to grasp this concept and create problems for both POA and donor. It is also common that they do not understand the difference between EPA and LPA.

cavework

EPA needs to be registered with the Office of the Public Guardian if the donor becomes unable to make decisions for themselves at a later date. LPA is already registered so this is not required
I think I now understand why Newsgirl thought this application for POA applied to people with sudden dementia/stroke
Thanks Monkeyspanner

timeou

We are in the same position. MIL has alzheimers and currently lives at home with lots of support from carers, us and sister.

MIL owns a property and has a 6 figure sum of cash sitting in the bank that will go to pay her care home fees eventually yet we find ourselves out of pocket as we feed her most of the week and take her to all of her appointments, trips to friends, shopping etc.

There is an EPA in place but we are all a bit nervous about using any of her cash to help us in case we get questioned about it later, she has a generous income from pensions etc that she doesn't really spend so her savings are just increasing rapidly and our outgoings are going up. What a crazy situation!

Torry_Quine

newsgirl wrote: »

No, I think YOU are the one who needs to consult a solicitor! If you are operating a POA on behalf of someone who subsequently loses mental capacity then you need to get it registered at the Court of Protection.

The crucial point is that when they lack capacity it must be registered.

That's absolutely correct. No doubt many people don't realise or don't bother.

dzug1

newsgirl wrote: »

No, I think YOU are the one who needs to consult a solicitor! If you are operating a POA on behalf of someone who subsequently loses mental capacity then you need to get it registered at the Court of Protection.

The crucial point is that when they lack capacity it must be registered.

You are I think confusing EPA (which is not registered until mental capacity is lost and then must be) and LPoA which has to be registered before it can be used at all and does not (unless the donor specifies) depend on their mental health.

Using the term POA on its own without further definition is unhelpful and leads to pointless arguments like the one you have just had. You and the people you've been arguing with are both right but are talking about different things

gingerfox

Thank you for all your replies. I have EPA which I am registering myself, thus incurring the fee and no additional costs.

It is a difficult situation because it's my mum and I don't like to put a price on keeping her comfortable. However, I have to be realistic about my own outgoings and she would be the first to ensure I wasn't out of pocket. I take her out whenever I can for drinks and meals and am happy to treat her - I think each time may be the last.

I have also the dilemma of her possessions as I am renting out her property. Storing them is a short term solution with a cost, and I'm not even sure if I can sell/dispose of them! Obviously personal things will be kept by the family until such time that we can legally make a decision.

The care/financial advice we've had from the LA has been patchy, often contradictory and hard to find!

Bonnie151

Torry_Quine wrote: »

Not true actually. My OH has POA for his mother who still has full mental capacity.

Yes. I have PoA for my mother. She has full mental capacity but is no longer able to produce a signature to sign cheques, her speech is very diffcult to understand (you need to be right next to her and have her repeat her sentences) and can't hear well enough to speak to her bank on the phone. Whilst she can communicate her decisions to anyone in the same room as her, she can no longer manage her finances (signing cheques etc) and I have PoA registered with her bank and sign cheques on her behalf.

PoA is not just for the mentally incapacitated!