Enduring Power of Attorney (again)

pboae

I've been following the thread on this recently, and OH and I want to make them. I've got the form from http://www.guardianship.gov.uk/theservice/enduringpower.htm and it all looks pretty straightforward. I don't really want to pay out for a solicitor, and it sounds like it isn't really neccessary to do so. There is no reason to think we will need them soon, it's just emergency planning, I will appoint OH as my attorney, and vice versa, and we will both appoint a sibling each, jointly/severally.

So the only part I am not sure of is the exact wording of the sections.

In the first section, second page of Part B it says:
l Subject to the following restrictions and conditions:
I need to say there that this only happens if I ever become mentally incapable, but I don't know quite how to say it.

This document may only to come into effect if I become MI
On condition that I have become MI
This document may only be registered if I become MI

Is there a standard phrase that is usually used?

Thanks :-)

Errata

There is a formal phrase, but I just can't remember what it is. It's along the lines of 'the POA may be registered when my family doctor and/or consultant assess me as not having mental capacity', or at a time when I being assessed as having mental capacity by my family doctor and/or consultant decide. Including you yourself making the decision is useful, as there may be a financial situation in the future which is either too complex or you just don't have the energy to deal with, although you still have the mental capacity needed. eg sale of property. HTH

Biggles

As you are (presumably) appointing people you trust as attorneys, there would not normally be any entry under 'subject to the following terms and conditions'. My mother (and we, for our EPAs) deleted that phrase and I think that is the normal course of action.

If your concern is that someone in the family may try to register the document against your wishes before you lose mental capacity, you should be covered by the conditions that it cannot be registered until the attorneys have written to the donor and to your nearest relatives (who are specified on the Public Guardianship website).

pboae

Thank you both, I did wonder about that Biggles, as it does say it elsewhere on the form, but it said in the notes that it ought to be specified in that section, so I thought I had better do it.


Errata, I hadn't thought about adding the bit in about if I decide too, I can see how that could be useful. Thanks

Errata

My stepdad still had capacity when the time came for his house to be sold, but as we had set up a POA we triggered it so I could handle the sale on his behalf. At 80+ his heart wasn't strong enough to deal with the normal hassle house selling always seems to entail, let alone anything unexpected that might have cropped up. And it did - lucky me !

Biggles

pboae wrote: »

Thank you both, I did wonder about that Biggles, as it does say it elsewhere on the form, but it said in the notes that it ought to be specified in that section, so I thought I had better do it.

You might mean Part A.3, which says 'If you don't want your attorney(s) to have such wide powers, you can include any restrictions you like. For example.... etc etc'.

The fact is, if you don't want your attorney(s) to use the PoA, you hold onto it. Simple as that. Without actually possessing the form, they can do nothing.

Errata

Biggles wrote: »

The fact is, if you don't want your attorney(s) to use the PoA, you hold onto it. Simple as that. Without actually possessing the form, they can do nothing.

Wouldn't the problem with doing that is that it can be lost, mislaid or thrown away by someone who is starting to lose capacity before anyone realises it's happening?
Or loses their capacity at a stroke (no pun intended) and can't indicate where it is.

Biggles

There would always need to be an arrangement that the document would be kept somewhere safe where the attorney would know where to find it. Or it could be lodged with a neutral party, like solicitors (though probably at vast expense).

We have ours tucked away in the file we keep for that sort of thing. Not because we don't trust our attorneys but because it's just a known place in the family for documents and they would look there.

loulou41

I have done enduring power of attorney for my self and hubby. Now I am wondering whether I should add daughter as joint attorney to hubby. It will be jointly and severally. Hubby is 67 and I am 59 yrs. I just want it set up before 1st October. The forms are very straightforward. I trust her completely and there will be no restrictions. I understand she will have to register it if we become mentally incapable. I just want to know whether I need to complete 2 Part C where the form says to be completed by the attorney(s). One for for her and one form for hubby to sign and witness. Thanks

loulou41

Help please, I cannot find the forms for enduring power of attorney. Only lasting power of attorney forms are there. Thanks

Errata

http://www.guardianship.gov.uk/downloads/Make_An_EPA.Web.pdf