Enduring Power of Attorney (again)

Biggles

loulou41 wrote: »

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

Yes, LouLou, just print out the forms as before and print two copies of Part C.

royeee

Thanks to Google on EPAs I have just found this excellent forum.

Can someone clarify for me? I and my partner are each going to set up EPAs with 3 attorneys (spouse/partner + our 2 adult children). That means witness fo donor + witness for each attorney for each of us. Can there be just one witness to do it all or is it advisable to use more than 1?

When this is all signed and witnessed, am I right that the original signed form goes to the Office of Public Guardianship in which case we would need a copy for ourselves for retention so do we still need to take them to a solicitor to get them stamped or whatever?

Thanks in anticipation.

Biggles

royeee wrote: »

Can someone clarify for me? I and my partner are each going to set up EPAs with 3 attorneys (spouse/partner + our 2 adult children). That means witness fo donor + witness for each attorney for each of us. Can there be just one witness to do it all or is it advisable to use more than 1?

When this is all signed and witnessed, am I right that the original signed form goes to the Office of Public Guardianship in which case we would need a copy for ourselves for retention so do we still need to take them to a solicitor to get them stamped or whatever?

Yes, the same person can witness all the signatures.

No, you don't need to send either form to the Pubic Guardianship Office unless and until one of you is losing mental capacity. Then you must register the form with them to be able to use it.

In the meantime, it can be used (if, say, one of you was immobilised for a few weeks) without being registered. But it is best then to get a solicitor to make a 'certified copy', as you will never want to let the original out of your hands (because, after 1 October, you won't be able to make another one).

margaretclare

Biggles wrote: »

Yes, the same person can witness all the signatures.

No, you don't need to send either form to the Pubic Guardianship Office unless and until one of you is losing mental capacity. Then you must register the form with them to be able to use it.

In the meantime, it can be used (if, say, one of you was immobilised for a few weeks) without being registered. But it is best then to get a solicitor to make a 'certified copy', as you will never want to let the original out of your hands (because, after 1 October, you won't be able to make another one).

We did our EPAs fairly recently, appointing each other as attorney with our solicitor as second attorney.

There were only 5 people in the solicitor's office when we signed and witnessed these documents - us, the solicitor, his assistant who's a licensed conveyancer and who drew up the documents for us, and the secretary. She was the person who witnessed all of the signatures.

The original is kept at the solicitor's along with our wills, and we have a copy to keep with our copy wills at home. We don't need to do anything else unless/until needed. That's the whole idea of it being 'enduring' .

Margaret

Phil3822

I've just become my Grandmothers attorney. The solicitor witnessed it, I'm her sole attorney unfortunetly. As above, the original is kept at solocitors and I have a copy.

localhero

Hi Pboae,

The wording for the restriction could be as follows: This Enduring Power of Attorney is not to come into effect unless and until I become incapable of managing my own affairs.

loulou41

Just a matter of interest, You can print the paper & type on the form double sided, there is nothing to say that it has to be printed on a separate sheet of paper for each form. Am I correct? I have just set mine and hubby and have to used five sheets of paper. I did receive a form from the guardianships office and noticed the form is printed double sided. I am just thinking five pages are a lot to send by post and if I could do it using three pages as there are two attorneys. If I need to use the EPA, do I understand I have to send all 5 pages to the bank etc.For those of you who are interested, once you downloaded the form, if you download foxit reader, yoou can type on the form but have to print immediately. Thanks

localhero

Hi Loulou41,

The notes at the front in Part A are a part of the EPA, and as such the whole document should be handed to the financial institution(s). Generally they will take a copy for their records and give you back the original for you to retain.

Whether you use double sided pages or not is up to you. It is though important that all the attorneys sign the document by 1st October or the EPA becomes invalid.

Biggles

Double-sided is fine for convenience. But, of course, you won't actually be posting the original anywhere (too risky, especially when no insurance can get you a replacement after 1 October!), only a certified copy, and in that case it will be entirely down to the solicitor (or their staff) whether they photocopy it one-sided or two-sided.

royeee

Thanks for the feedback.

As I understand it I download the EPA form, fill them in as appropriate and then get them signed (donor, attorneys, witness) and retain the copy. It will be signed as dated. As new EPAs are only acceptable up to the end of this month and considering someone does the EPA after 1st October and 'backdated' by putting a date of before 1st October how does one know if this genuinely done before 1st October?

Another question does anyone or in what circumstances would one want to restrict the powers of the Attorney such as not to deal with the donor's property?