Power of attorney

prudryden

Is this a local branch? Is the account just in your Mum's name? Are you known at the local branch? Paying utility bills are not considered third party payments as they are going to pay a sub account which would be in your Mum's name.

Now, if you said to the bank, I want to transfer all my Mum's money to my personal account or to that of my friend, then if the bank hasn't done the proper checks to include identity and some sort of signature guarantee (which is the certification) and they do the transfer, they are seriously in trouble.

My feeling is that you have arranged this with your bank prior to the banks taking the laws as seriously as they do now and increasing their compliance department. Once established, you should be ok.

Biggles

Er, I think the OP has got bored & gone, hope he/she got the answer needed.

Only one was a local branch, most were done postally. I doubt the banks etc were taking the law less seriously a only few weeks ago than they are today, though in any event I'm still producing my form occasionally now ;-)

Paying various bills (not just utility bills) was just an example; the point is, I have a free hand to pay whoever I want any amount I choose. And I have made many transactions in a short time, which is just what has to happen when someone needs to move from home, there is a lot of sorting-out to be done. Also closed some accounts, opened other accounts etc. No questions are asked, nor would I expect there to be. This is the point of an EPA, after all, I am managing Mum's financial affairs, not the bank(s).

I must admit it is turning out even easier than I had expected. Whether or not things will get tighter for newly signed long-term PoAs when it becomes the 'Lasting Power of Attorney' later this year, I don't know.

loulou41

I did some research on the internet, most of the forms are related to EPA. I did manage to get one sorted out and then found that somebody with good feedback was sellilng one ebay and decided to buy. I was really disappointed as it was very basic and the one I created was much better. There is no space for the attorney's signature, and I am still unsure whether one is required. I know you do need one for the EPA. I am bit confused as some website says you need two signatures and my form states only one. I do not mind paying a solicitor but I am jsut doing one as a precaution in case son decides to prolong his holiday and I find a house I want to buy.Thanks for asking.

loulou41

The actual wording on the form is http://www.guardianship.gov.uk/downloads/Make_An_EPA.Web.pdf
Signed by me as a deed ___ and delivered on ____ in the presence of ____
Full name of witness _____ Address of witness ____
That's it. It is then a legal document, the witness is not required to identify the donor or the attorney(ies), just, as is normal with witnesses, to say that they have seen the persons sign the document in front of them.

I have created one and I have used the exact wording as above. Please can you confirm you need only 1 witness. I assume since it is a general power of attorney not an EPA, you do not need the attorney's signature as I cannot find any mention of it in any of the forms. I am taking my chance on this and do it myself. I asked my niece for advice, she is a solicitor in london. She was really hopeless, she has to ask a colleague, I understand they all sepcialize in a filed, but you would think they will know the basic. To tell you the truth I can better advice from asking from this forum. Thanks

prudryden

I find it amazing that you can buy a form off ebay or where ever. Put in a date, have you Mom sign, you sign and the next door neighbour witnesses. You then go into a bank who doesn't know you or the witness, present this form, and now you are able to move £1000s and £1000s out of your Mum's account and into your own account at another bank. This would be a goldmine for fraudsters. The example above was only for illustration, not aimed at you.

callmelinda

In general, I'm not one for d-i-y legal forms especially when those downloading them after doing a google search might not truly know the specific ins and out of what it is they're trying to achieve even if it's written before them. Often forms can be so simplistic that they don't take into account you need to discuss the complexities of your particular situation with a solicitor or any provisions that need to be made. Therefore, if you're not absolutely sure of what you're doing, I think it's worth having everything explained by a solicitor so you know what exactly is involved in what you're signing and knowing it's all done properly in a way other organisations would recognise. It's important to make sure what you actually fill in is done in such a specific way there is no doubt as to what is wanted - again, something a solicitor is good at doing on your behalf. They do so many every day, you do one... and how do you know you've done it in such a way to cause absolutely no doubts? When it comes to enacting documents, again a solicitor may prove to be beneficial. Obviously, they can store materials too in safekeeping. When it's a matter of importance, I think it's worth getting right - with no doubts lingering. My thoughts anyway.

JennyW_2

loulou - have pm'd you

Biggles

You only need one witness, whether for an Ordinary or Enduring PoA.

The Public Guardianship Office only seem to deal with EPAs (I guess the reason is that they are only involved where people have lost/are likely to lose mental capacity, whereas a OPA is more of an arrangement of convenience between two people).

Many solicitors (eg these http://www.b-h-p.com/?page=186) recommend that you make out an EPA 'just in case', saying 'there are many advantages to this, and no disadvantages'. Plus, of course, the form is free from the Public Guardianship website.

If you go ahead with an OPA, it seems there is no standard form; the examples I have seen on the internet don't seem to require the attorney's signature, which seems odd to me.

I'd be inclined to download the official EPA form from http://www.guardianship.gov.uk/theservice/enduringpower.htm. It will be more easily recognised by firms you need to deal with than an OPA and comes with full guidance. Also it bears the attorney's signature, which may help in getting it accepted.

Biggles

prudryden wrote:

I find it amazing that you can buy a form off ebay or where ever. Put in a date, have you Mom sign, you sign and the next door neighbour witnesses. You then go into a bank who doesn't know you or the witness, present this form, and now you are able to move £1000s and £1000s out of your Mum's account and into your own account at another bank. This would be a goldmine for fraudsters. The example above was only for illustration, not aimed at you.

No, I understand you weren't suggesting I'm a fraudster. Though you haven't seen my ID ;-)

Obviously, as I said earlier, banks etc will have their own arrangements for making sure I'm who I say I am; these differ from one oragnisation to another. The main point was that the EPA itself is not certified in any way, just signed by the donor, the attorney(ies) and the witness.