Understand Enduring Power of Attorney

Legacy_user

My father has just taken out an EPA and I am the nominated attorney. At the moment he is mentally perfectly capable at managing his own financial affairs. However he is becoming increasing frail and can't get about as easily as he used to.
I understand I don't need to register it with the Office of Care and Protection until/unless his mental capacity diminishes but what should he do with it now?

Does he need to let the bank, pension provider, HMRC etc know or do we just file it away until he's unable to manage himself?

If he does let them know now does that mean he is completely giving up control to me or does it mean we share control until it gets to the stage I need to register it with the courts?

I know we should have asked the solicitor these questions but I never thought of them until I read the EPA leaflet he gave us

RikM

Assume you've seen this:
http://www.nidirect.gov.uk/index/information-and-services/pensions-and-retirement-planning/home-care-and-community/carers/managing-your-affairs-and-enduring-power-of-attorney.htm

System

Yes but I'm confused because in one paragraph it says to become effective all enduring Powers of Attorney need to be registered with the High Court. Then further down it states the power takes effect as soon as the attorney signs.

Mojisola

Pam17 wrote: »

Yes but I'm confused because in one paragraph it says to become effective all enduring Powers of Attorney need to be registered with the High Court.

Then further down it states the power takes effect as soon as the attorney signs.

"It takes effect as soon as the attorney signs unless you have included any conditions or restrictions about when the power should begin."

Does your father's EPA set conditions for when it can be used?

Mojisola

Pam17 wrote: »

My father has just taken out an EPA and I am the nominated attorney. At the moment he is mentally perfectly capable at managing his own financial affairs. However he is becoming increasing frail and can't get about as easily as he used to.

When Mum and Dad started to need help, I became a signatory on their accounts so that I could manage them and they gave permission for me to talk to the utilities, etc.

It enabled me to help without them feeling that they had given up all control.

System

Mojisola wrote: »

"It takes effect as soon as the attorney signs unless you have included any conditions or restrictions about when the power should begin."

Does your father's EPA set conditions for when it can be used?

No there are no conditions at all. At the moment your suggestion about being a signatory on his accounts would be about the only thing I could think of that would be helpful to him. And as you said he still would retain control himself.
Can we use it like that without registering it with the courts?

Mojisola

Pam17 wrote: »

No there are no conditions at all. At the moment your suggestion about being a signatory on his accounts would be about the only thing I could think of that would be helpful to him. And as you said he still would retain control himself.
Can we use it like that without registering it with the courts?

You don't have to use the EPA to become a signatory on his accounts.

We had a short meeting at the bank and they set it up very easily.