Enduring Power of Attorney (again)

Stephen_Leak

Look_after_the_pennies wrote: »

Is it too late to set up EPA before the new charges come in? Trying to persuade my parents to do it (both are in their 70's) but very difficult as they will not discuss anything to do with wills or inheritance. They are in denial of their age and death. Has anyone got any suggestions as to how I tackle this without making them feel I am just after their money?

It isn't too late, but the clock is definitely ticking.

I appreciate that it can be a difficult subject to discuss, altho' the EPA isn't about "age & death". I hoped that doing my own EPA would act as an incentive to my mother, but no luck.

Is their another relative or family friend who could either help broach the subject or even act as attorney instead of you?

I am going to have one last try this weekend. If I get the usual response, I feel that I am just going to have to say that I won't be able to act on her behalf in such matters under the new legislation, as it will be too complicated and expensive.

Biggles

Look_after_the_pennies wrote: »

Is it too late to set up EPA before the new charges come in?

It's very late indeed (has to be done by Sunday).

But that might work in your favour, as you can say you have this once-only opportunity to set up this arrangement. You can't get your hands on their money if they keep hold of the forms after they're completed (make sure they let you know where they are in case something should happen to both of them).

Stephen_Leak

Savvy_Sue wrote: »

I'm a bit in two minds about it: obviously I'm flattered to be thought responsible, but as I don't live particularly near them I'm not sure how easy it would be.

Easier than it would be without one.

Stephen_Leak

Me again.

Bearing in mind that all these EPA originals are irreplaceable (and probably printed with ink jet printers!), are there any "showstopping" potential problems with doing the following.

Getting a "certified copy" of the original from a solicitor. Scanning this and then burning the files onto a CD-R disc. Laminating the original to protect it. Keeping the certified copy and/or the disc(s) "off site" - just in case of fire or flood.

Biggles

The copy on disk will generally not be acceptable to most bodies, nor will any other copy except a certified copy. To be really safe, you need the original kept safely, and preferably a certified copy kept elsewhere.

However, bear in mind that a solicitor will make you as many 'certified copies' as you like; their charges may not be too bad (mine did my mother's for free). Many advisory bodies recommend getting half a dozen certified copies done at once anyway, as you may find that several banks/agencies/authorities all ask you for one at the same time. I just got mine back today from a bank I sent it to nearly eight weeks ago, you wouldn't want that to happen if you were just starting to manage someone's affairs!

If all went pear-shaped, I believe the Public Guardianship Office are prepared to consider claims for replacements for lost EPAs if you have a copy and, presumably, evidence from attorneys, witnesses and the donor (if mentally capable). But, ten years down the line, that might not be so easy.

But thanks for your posting, it's made me think more carefully about the security of my own copies.

Stephen_Leak

Biggles wrote: »

The copy on disk will generally not be acceptable to most bodies, nor will any other copy except a certified copy. To be really safe, you need the original kept safely, and preferably a certified copy kept elsewhere.

However, bear in mind that a solicitor will make you as many 'certified copies' as you like; their charges may not be too bad (mine did my mother's for free). Many advisory bodies recommend getting half a dozen certified copies done at once anyway, as you may find that several banks/agencies/authorities all ask you for one at the same time. I just got mine back today from a bank I sent it to nearly eight weeks ago, you wouldn't want that to happen if you were just starting to manage someone's affairs!

If all went pear-shaped, I believe the Public Guardianship Office are prepared to consider claims for replacements for lost EPAs if you have a copy and, presumably, evidence from attorneys, witnesses and the donor (if mentally capable). But, ten years down the line, that might not be so easy.

But thanks for your posting, it's made me think more carefully about the security of my own copies.

Noted. I was thinking of the scanned and/or CD-R copy as simply a more compact and durable form of copy. You would print it out first. However, the solicitor's stamp, etc. would also be copied - but, would your average bank notice this?

Biggles

Stephen_Leak wrote: »

Noted. I was thinking of the scanned and/or CD-R copy as simply a more compact and durable form of copy. You would print it out first. However, the solicitor's stamp, etc. would also be copied - but, would your average bank notice this?

Yes, I was meaning after printing it out. Having said that, I did send my (very good colour) inkjet copies of the original EPA to one or two bodies (without claiming they were the original, of course), and they appeared to accept them as genuine and return them after dealing with them. Others just returned them and said, "We need the original".

But most would spot it and I wouldn't want to need to rely on kidding a bank into believing a copy was the real McCoy, the consequences could be dire.

Errata

Stephen_Leak wrote: »

Noted. I was thinking of the scanned and/or CD-R copy as simply a more compact and durable form of copy. You would print it out first. However, the solicitor's stamp, etc. would also be copied - but, would your average bank notice this?

Yes, it might well be noticed so I can't see the point in trying this, especially as certified copies are inexpensive.

Savvy_Sue

Presumably one could get the copies certified after Sunday?

Errata

Savvy_Sue wrote: »

Presumably one could get the copies certified after Sunday?

Can't see why not. Certification is document dependent, not time dependent.
For info: The CofE has said today that registration of the LPA will cost £150, £30 more than the current registration fee for an EPA. It also stressed that although the LPA document was much longer than the EPA one, it covered many issues that had previously had to be added in by whoever drew up the EPA.
Furthermore, the CofP had worked with many people in drafting the document to ensure it was as user friendly as possible. Of course, it's in lawyers interests to paint the document as complicated and thus in need of a lawyers input for which lawyers can charge ££££££. Cynical point of view, but........business is business.