Register EPA

Katykat

My MiL made an EPA in 2005. My husband and his brother are named as attorneys. Fast forward to now and she is 97, about to go into supported living accommodation. She is still fully mentally aware  it can no longer walk, therefore my husband has been drawing her pension from her bank with her debit card ( with her permission) although once he’s given it to her, she is the one who spends it. However, he is becoming more concerned that this isn’t really legal and he wants to register the EPA. The notes on the Gov website only refer to EPAs being used for mental capacity. I’m aware she could do a new LPA but she doesn’t want the hassle of drawing the forms up again, getting witnesses etc when in her mind she’s already done this. Any advice on this would be appreciated. 

Savvy_Sue

I wonder if it would be worth you downloading the forms for LPA for both finance and health: if you haven't yet set these up yourself then it might be a good chance to explain that you and your DH are about to do this, and you would be very happy to help her, because although it is tedious it is not really difficult. Yes, the signing is particularly tedious and it all has to be done in the right order - as I recall, our certificated provider came round and checked we knew what we were doing, and then we got the boys (our attorneys) to sign their part on Christmas Day! One of the rare occasions when we were all together, you understand. 

It would also be useful - IMO - to make sure that you know what her wishes are re health and welfare, and, dare I say it, do you know what her funeral wishes would be? It would surprise me if she wasn't asked about this in her new accommodation: I have seen the forms at our 'local', and it was one of the early questions from my MiL's care home. 

You can do H&W without finance, but really if you're doing one it's no more bother to do both. 

elsien

While she has capacity she could look at setting up a third-party bank mandate for your husband. As long as she has capacity he can use that to withdraw money for her from the bank. 

He shouldn’t be using her bankcard to get money out from the cashpoint because that is against the banks terms and conditions So the third-party mandate is a way round that. You would need to check with her bank as to how to set it up and what actions you can take but it is an interim measure while you look at registering the EPA or setting up an LPA.
The third-party bank mandate would end at the point that she lost capacity around her finances.