Power of attorney - changed

andygb

I would like to know how power of attorney works.
Around fifteen years ago, a relation made me power of attorney (something which I was a bit hesitant about accepting, but didn't want to let him down). I notified his three offspring and that was that.
However, one of his offspring recently contacted me, and it turns out the relation is very ill and may pass away.
This is where it gets complicated.
I then said that I thought I was power of attorney (remembered signing the papers), and they then informed me that another relative was.
On the one hand, I am not that bothered about it, because it has lifted a weight of responsibility from me, but on the other hand I am a bit miffed that nobody contacted me to tell me it had been changed.
Does this sound normal?

Keep_pedalling

Not sure how it worked under the old EPA system, but I think with the newer LPAs you would have received notification that your friend had revoked his original PoA, assuming you had not changed address since it was done.

Really though your friend is the one who should have informed you about the change. Maybe he just found someone less reluctant and did not have the courage to tell you, so don't feel miffed, just give your friend as much support as you are able at this difficult time.

andygb

Keep_pedalling wrote: »

Not sure how it worked under the old EPA system, but I think with the newer LPAs you would have received notification that your friend had revoked his original PoA, assuming you had not changed address since it was done.

Really though your friend is the one who should have informed you about the change. Maybe he just found someone less reluctant and did not have the courage to tell you, so don't feel miffed, just give your friend as much support as you are able at this difficult time.

The relative contacted me out of the blue many years ago, and we hadn't seen them for over twenty years. They live about two hundred miles away, so I was surprised when they asked me to be power of attorney.
To be honest the whole thing really surprised me right from the start.
The offspring had lost touch with the parent (big family squabble) and it was a really complicated situation.
I think I am well out of it to be honest.;)

pphillips

The donor may at any time prior to losing mental capacity revoke a current power of attorney that they have and create a new one appointing different attorneys, when the previous power of attorney is revoked the attorneys appointed under it can no longer carry out the donors affairs.

simonineaston

The government website is quite helpful. https://www.gov.uk/government/publications/disclaim-a-lasting-power-of-attorney
It's quite up to you to decide if you don't want to act as attorney, for example if you find that someone else has power of attorney and you don't want to work alongside them, but you should complete the relevant form.

troubleinparadise

As this was set up many years ago, was it an Enduring Power of Attorney (EPA), or a simpler one done through a solicitor but not passed through the OPG?

The new LPAs do have a section to give names of those to be notified, but perhaps that didn’t include notifying a previous attorney.

andygb

troubleinparadise wrote: »

As this was set up many years ago, was it an Enduring Power of Attorney (EPA), or a simpler one done through a solicitor but not passed through the OPG?

The new LPAs do have a section to give names of those to be notified, but perhaps that didn’t include notifying a previous attorney.

There was no solicitor involved when I signed the papers and sent them back to the relation, and I cannot remember what was in the document. I know that I didn't have to keep any copies.
I also think that the relatives will may have changed substantially (he did tell me what he intended to do, and who the beneficiaries were - not me), from what one of his offspring have said.

SevenOfNine

It's possible that the papers you signed were never actually sent off for registration, therefore were never actually 'active/live' for want of a better description!

We'd had prepared, signed, witnessed & dated EPA's (solicitor prepared along with our Wills) for about 10 years, with NO plans (or inclination) to actually send them off for registration until we felt it necessary. So the attorneys named on them could have 'thought' they'd got power of attorney when actually they hadn't.

It sounds the most likely scenario as to why you know nothing about no longer having power of attorney, it's likely you never actually did & in the intervening years the donor had the new style LPA's prepared naming a different attorney which HAVE been registered.

LPA preparation is extremely simple on-line nowadays, so perhaps this relative helped the donor with that when he became increasingly infirm.

We've just sent new style LPA's off for registration, & letters have arrived to donor & both attorneys giving 1 month's notice that this is being undertaken.

If the EPA you signed was ever sent for registration I think the process was pretty much the same, & you'd have had confirmation. It doesn't sound like it.

relaxtwotribes

SevenOfNine wrote: »

We'd had prepared, signed, witnessed & dated EPA's (solicitor prepared along with our Wills) for about 10 years, with NO plans (or inclination) to actually send them off for registration until we felt it necessary. So the attorneys named on them could have 'thought' they'd got power of attorney when actually they hadn't.

I was always under the impression that an attorney has power on the date of completion of the EPA. It is only the mental capacity of the donor that triggers the need for registration.