Enduring Power of Atorney 20 July 2012 at 2:26PM in Over 50s MoneySaving 2 replies 1.1K views

aardvaak

Currently registering a Enduring Power of Atorney for MIL.

Can MIL still sign cheques and Docs., after EPA is registered?

dzug1

The MoJ site is a bit uspecific about this:

http://www.justice.gov.uk/downloads/forms/opg/epa101.pdf - page 18

Normally an EPA is registered when the donor loses capacity and therefore cannot run their own affairs. If they haven't lost capacity you shouldn't be registering it but use it unregistered

But the Mental Health Act makes the presumption that anyone capable of doing so has the right to manage their own affairs - therefore if they can make a decision/sign they may do so. I would think it is the overriding thing

You may find that banks, etc, disagree.

John_Pierpoint

Confiscate the cheque book, that is what I had to do after a nasty experience with a door to door scumbag.

I can see a certain family dynamic problem if trying to do this with a mother in law.