POA Power of attorney question

Mistermeaner

Hi

Quick question regards power of attorney

I have registered for Power of Attorney over my Dads’ affairs (both health and financial); all the paperwork has been done and have the document back from the appropriate office etc

My question is when can they become active?

As in; could I use them these powers today to e.g. open a bank account for my dad or to move his gas/elec supply to another provider etc. or does some form of ‘event’ have to occur which would necessitate me stepping in?

For context my dad is in his 80’s and uis totally compos mentis today but relies on me for help with a lot of stuff (we lost mum last year and she used to deal with all the finance stuff at home) – at the moment I do the paperwork etc. and find him good deals but he still has to do the final step of signing or speaking with people to approve etc. …. Just wondering if by using the POA I could do stuff directly for him even though he is still capable


Thanks

elsien

Depends how you've set the LPA up - the person can specify if they only want it to kick in when they lose capacity, or whether you can use it while they still have capacity for specified purposes with their consent.
You need to check the paperwork. And whether he wants you to step in at this point.

Mistermeaner

elsien wrote: »

Depends how you've set the LPA up - the person can specify if they only want it to kick in when they lose capacity, or whether you can use it while they still have capacity for specified purposes with their consent.
You need to check the paperwork. And whether he wants you to step in at this point.

thanks; i see in section 5 we ticked the top box whereby " [i can act] as soon as [the] LPA has been registered.."

However it goes on to state "while you have mental capacity your attorneys can only act with your consent..."

Would banks etc. typically request proof of his consent for me to act on his behalf? If so it kind of doesn't help today as they would still need him to attend/speak and or sign stuff proving consent i guess?

elsien

Signed letter from him might suffice. You can write it, he just needs squiggle his signature. Or check with the organisations in question what they would need - they may have differing requirements.

Keep_pedalling

elsien wrote: »

Signed letter from him might suffice. You can write it, he just needs squiggle his signature. Or check with the organisations in question what they would need - they may have differing requirements.

The OPs father has already signed the LPA, so no need for a separate letter, however while the donor still has their full mental capacity any bank account opened should not be accessible to the attorney alone, the donor should also still have full access to their own accounts, so they are going to have to sign any application.

Mistermeaner

thanks for input

how exactly is it determined that someone no longer has mental capacity?

ArwenTheBard

We have a similar dilemma to this poster. Our 96 year old mother has signed all the POA papers (health and financial) which kick in if / when she is deemed to be incapable and myself and my brother can then act on her behalf. We want to do more for her in terms of direct debits, bank checks re carer payments going out etc but cant access her account as Barclays are insisting that she attend her local branch in person and by appointment to sign the necessary papers. Being 96 and self isolating we are reluctant to do this and they will not send someone out to her home. She is hard of hearing and has mobility issues so even telephone calls for authorization is proving difficult. We cant even set up internet banking for her it seems. Any ways around it? Any ideas welcome? Stuck in catch 22 at the moment.

BooJewels

Has the LPA been registered and authorised by the Office of the Public Guardian?  Without that process - i.e. 'just signed papers' - the LPA is not yet active.  If it has been authorised, then you go through whatever process that bank has for gaining access to your Mum's account.  You'll likely need to fill in a form, send them a copy of the LPA, along with ID documents etc. for yourself and it takes a couple of weeks to set it all up.  Just check that there aren't any restrictions in the finance one that say you can only use it once she loses capacity or something similar.  By default, the Property and Finance LPA allows you to use it without reaching the stage of lost capacity (unless otherwise specified).  It's precisely intended for the scenario you find yourself in.  But it has to be registered with the OPG to have legal standing.

Incidentally, it would be more courteous to start your own new thread, as posters will likely just reply to the now-obsolete opening post without seeing your supplementary question part way through.

ce181

I have had terrible problems with Barclays trying to register my mums LPA with them. I submitted it on line as per their instructions on 29/6, got an acknowledgement back on 5h3 30/6 with a reference.  Went into branch to check what was happening on 7/7, they said it shouldn’t be too long.   Today on the phone they are telling me they cant find it!  Nat West just as bad

Grumpy_chap

If your Dad is still "with it" you should really be assisting him where he needs it, but trusting him to make his own decisions.  That is the right thing to do and will help your father stay capable for longer.  It's not right to try to take over just because you can rush things through a bit quicker.