Enduring Power of Attorney (again)

Savvy_Sue

I've just downloaded the form and read the notes: it says the attorney must not be a minor. Is that under 18? Or under 16?

It's just I was thinking of doing this now, but I'd like to appoint my two older sons - not that I don't trust either of them on their own, but I think they'd feel happier acting together, especially if DS3 kicked off about anything. But DS2 isn't 18 until December ...

Maybe I can't save money and do it that way ...

Biggles

An attorney must be at least 18.

Savvy_Sue

Thanks, I suspected as much. Ah well, put my thinking cap on again!

localhero

Royee,

The solicitors may not charge you anything to store your EPA - particularly if they are executors of your Will.

The important thing is it's kept in a safe place and the whereabouts made known to your attorney(s).

pboae

Biggles wrote: »

There's really only one type of EPA.

If you are giving permission for it to be used, the attorney doesn't need to register it, he just gets on and uses it. Until you give permission, he can't use it.

Then, when you lose (or are about to lose) your mental capacity, he should register it, which will entail you and your nearest relatives being notified of the proposal to register it, and will give time for any objections.

It's important to avoid any confusion (tho I'm not suggesting there is any in your case) between USING the power with the knowledge and permission of the donor and REGISTERING the power for use after the donor has lost mental capacity. The latter may take place many years after the former, or never at all.

Thanks Biggles, I may have misrepresented what the solicitor said, that was my understanding of it.

The way the different usages was explained to me was like this: Say I was to be out of the country for an extended period and wanted my attorney to manage my affairs while I was away. I would write to the solicitor and request my EPA, and then leave it with my attorney. My attorney would then need to produce it in order to deal with my bank etc on my behalf, but it would not need to be registered. (In practice I would also inform my bank, etc before I actually left the country as well). Then when I came back, I would retrieve the EPA from my attorney, and send it back to the solicitors for safe keeping. If the situation arose again in the future I could do the same thing again.

Alternatively, I could be in an accident and end up mentally incapable as a result. Then my attorney would have to write to the solicitors to request the EPA with a letter from my doctor explaining my condition. They would send my attorney the EPA and it would then have to be registered and notice of intention given to my relatives.

Does that all sound right to you?

loulou41

Do I understand that you can actually staple the EPA forms? I was told you could not do that with a will. Is this correct? Thanks

Biggles

pboae wrote: »

The way the different usages was explained to me was like this: Say I was to be out of the country for an extended period and wanted my attorney to manage my affairs while I was away. I would write to the solicitor and request my EPA, and then leave it with my attorney. My attorney would then need to produce it in order to deal with my bank etc on my behalf, but it would not need to be registered. (In practice I would also inform my bank, etc before I actually left the country as well). Then when I came back, I would retrieve the EPA from my attorney, and send it back to the solicitors for safe keeping. If the situation arose again in the future I could do the same thing again.

Alternatively, I could be in an accident and end up mentally incapable as a result. Then my attorney would have to write to the solicitors to request the EPA with a letter from my doctor explaining my condition. They would send my attorney the EPA and it would then have to be registered and notice of intention given to my relatives.

Does that all sound right to you?

Spot on. Except that your attorney's best bet would be to ask the solicitor to keep the EPA and give him a certified copy - then it won't matter if it gets lost (eg in the post or by the bank etc).

Biggles

loulou41 wrote: »

Do I understand that you can actually staple the EPA forms? I was told you could not do that with a will. Is this correct?

I don't think there's any reason not to but I haven't, in order to facilitate the making of copies; I just keep it in a clear wallet.

pboae

Thanks Biggles, I try to take it all in when I am speaking with the solicitor, but then afterwards I wonder if I really understood it properly.

janmill

My mother has just set up an enduring power of attorney with my husband and myself acting as Attorneys. We have done this simply by using the form from www.guardianship.gov.uk and without involving solicitors. Can you suggest how best we might get certified copies to use with banks, etc. All suggestions seem to be to use a solicitor. I would imagine this would cost. Is anyone else able to certify copies such as say, an accountant, a minister of religion? Also, is it necessary to put a declaration on each page of the copies?