Power of Attorney on behalf of daughter

workingboy

Not sure if this is the correct section for this.

Today we have been advised to apply for a 'Power of Attorney' for our adult daughter who has a learning disability.

As she is living with us and will always, or with her elder sister or brothers later in life who we have nominated as her guardians.

Would we apply for a 'Lasting Power of Attorney' for 'health and welfare' as she has no assets.

Also would she be eligible for any 'exemption or remission' of the fee's to register with the 'Office of the Public Guardian'.

thanks

DomRavioli

I suggest you speak to a professional who is experienced in it, as each POA or LPOA is different.

NeilCr

Quite a lot of information here

https://www.citizensadvice.org.uk/family/looking-after-people/managing-affairs-for-someone-else/

But I agree about getting professional advice

Keep_pedalling

Does you daughter have the mental capacity to understand what is involved in giving you the authority of a POA? If not you cannot set up LPAs on her behalf you would need to apply to be court appointed deputies.

https://www.scope.org.uk/support/disabled-people/money/power-of-attorney-poa

JohnnieW

Keep peddling is correct. If your daughter has learning difficulties, it is highly likely she will be unable to give you poa. You will need to go to the court of protection.
Best see a professional. If her learning difficulties are mild, then it would be possible, but an experienced solicitor would be able to tell you.

workingboy

Thanks all,

She does not understand the meaning as with other things.

So i think we would have to apply to the courts to gain the POA for her well being.

thanks again

Keep_pedalling

You do need professional advice on this, but in the first instance have a chat with Scope who should be able to advise on the first steps to take.

Although your daughter has no assets, as an adult she will be entitled to beniefits so having authority to act on her behalf for financial matters would be wise, and you don't really want to go through this process twice.

connor08

workingboy wrote: »

Not sure if this is the correct section for this.

Today we have been advised to apply for a 'Power of Attorney' for our adult daughter who has a learning disability.

As she is living with us and will always, or with her elder sister or brothers later in life who we have nominated as her guardians.

Would we apply for a 'Lasting Power of Attorney' for 'health and welfare' as she has no assets.

Also would she be eligible for any 'exemption or remission' of the fee's to register with the 'Office of the Public Guardian'.

thanks

I am my sons power of attorney but haven't done it leggaly you just tell the person or company that you are acting of power of attorney and that should be for life then as long as they are willing to speak to you on their behalf and let you deal with things

Tipsntreats

workingboy You can use a solicitor to apply, but that does cost.
You can apply online, and it is fairly simple.
For people that totally lack capacity, you will need to apply for a Deputy order. I am a Deputy for my Uncle. To obtain a welfare order is almost impossible, as the COP will only accept welfare decisions, that include consultation with professionals including yourself.

If your daughter has some capacity, you could ask her to make you an appointee on her bank account. You must also ask her to sign a letter to her GP, making you N.O.K. I know this sounds strange, being her parents, but she is an adult. You are able to help her make decisions without the need of an LPA.

As you state she has no assets, I personally do not see the need to apply for an LPA. But, you can always apply and shelve it for the future.
In the future, appointee on bank, and N.O.K. can be passed on to her sibling, or whoever is the carer.
I hope this helps.
Tips x

Keep_pedalling

connor08 wrote: »

I am my sons power of attorney but haven't done it leggaly you just tell the person or company that you are acting of power of attorney and that should be for life then as long as they are willing to speak to you on their behalf and let you deal with things

You are not his POA, and telling porkies like that won't work with organisations like banks or the DWP who will not deal with you without seeing will seeing proof that you have the power to act for him.

Tipsntreats

Keep_pedalling wrote: »

You are not his POA, and telling porkies like that won't work with organisations like banks or the DWP who will not deal with you without seeing will seeing proof that you have the power to act for him.

Yes it must be done officially. The COP are not there for nothing.
Tips x