Enduring POwer of Attorney question

Jayne_Watson_56

There is alot of background leading up to my question, which I can expand upon if needed, but in short, my question is, does a court registered Enduring Power of Attorney trump a doctors letter confirming capacity?

As I said, I have more background if required, but briefly, I am in a position as sole attorney, where social services and a doctor are disagreeing with each other. Doctor has only seen a snapshot - having given the appropriate tests. The social services have looked at the bigger picture and have evidence provided by another official (a representative of the Alzheimers Society) who has witnessed an instance of "non capacity"). The social services are also aware, that I am concerned that my parent is being coerced into spending money on bills that are not theirs to pay for, and have seen evidence that my parent has become isolated as a result behaviour by another family member (who has previously been largely absent for the last few years) - and has completely changed their mind about their views on the rest of the family within a very short space of time.

I was under the impression, that since the EPA was registered when I thought that mum had begun to lose capacity (and in fact social services thought the same at the time of registration), that I have a legal obligation to keep accounts and see that monies are correctly spent until such time as the EPA is dissolved by a court, my parent passes away, or I surrender it. However, some people are saying that if my parent has capacity, then they can do with their money as they please. Since capacity can come and go, surely EPAs would be overturned and re-registered all over the place if that were the case!

Where does that leave me, since I am legally accountable?

Yorkshireman99

Lodge a formal written complaint by letter not email to whoever is cooercing your mother. and Social Services. Make an appointment to see the bank and take the POA with you.

Daniel54

Jayne_Watson_56 wrote: »

I was under the impression, that since the EPA was registered when I thought that mum had begun to lose capacity (and in fact social services thought the same at the time of registration), that I have a legal obligation to keep accounts and see that monies are correctly spent until such time as the EPA is dissolved by a court, my parent passes away, or I surrender it.

.....
Where does that leave me, since I am legally accountable?

I have recently registered an EPA for my mother,so this is fresh in my mind.Once the EPA is registered with the OPG,then the donor ( in this case your mother) is considered unable to manage their own affairs.This from Page 18 of EPA 101 Guidance note:

Can the Donor still manage their own affairs?
Registering the EPA means that the Attorney takes over full
responsibility from the Donor for managing their property and
affairs. This means the Donor will be considered as unable to
manage their own affairs. Should the Donor feel they are capable
of being involved in managing some aspects, it is for them and
their Attorney(s) to decide how this should work.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/287864/EPA101_Guidance_apply_register_EPA.pdf

I agree with Yorkshireman that you should see her bank ( and any other financial institutions where her money is held),with your original registered EPA, and ask them to withdraw your mother's mandate.This would leave you as the only person able to make or authorise withdrawals from her account(s).



C