Do I need to change Power of Attorney?

SueC_2

Back in 2005 both of my parents gave Enduring Power of Attorney to myself and the other parent.

Mum died a couple of years ago and, as she was always the 'admin person' in their relationship, I have since taken over that role.  I have rarely been asked to produce the EPA (which hasn't been registered, as I don't believe it needs to be unless Dad loses capacity?), although regularly I get asked to "put Dad on the line to give us authority to speak to you".  Dad currently has full capacity, but is very happy to give that authority as he has no desire to learn how to do admin at this stage of his life.  On occasions "putting Dad on the line" isn't easy, as I don't live locally to him and sometimes need to do his admin when we're not actually together.

Just trying to get my ducks in a row for the future and wondering if I/he really should get a new Lasting Power of Attorney set up, either because the existing EPA has Mum named on it too, or because it will just make things easier in the long run.  I've tried researching this, but can't really find anything definitive, so thought I'd canvas opinion here please.

All advice gratefully received.  Thank you.

tacpot12

I think that you should get a new LPA from your Dad. You haven't registered the EPA yet, so you would incur the cost of registering it, and the OPG might (and probably should) reject it if they knew your Mum had died. 

anmarj

If you want to speak to companies when your dad is not present then you need to give the companies sight of the EPA, so that they can register it on their systems. 

sheramber

Joint attorneys

If you’re appointed jointly with another attorney or attorneys and one of you stops being an attorney, the enduring power of attorney ends automatically.

you should read this  https://www.gov.uk/enduring-power-attorney-duties/more-attorneys

Devongardener

As above, you need to apply for a new POA, then send it to all your Dad’s financial, insurance and utilities contacts to register on their systems.

I had POA for my Mum for years but didn’t do that so when it came to needing to deal with her affairs when she became incapacitated, it was so much more time consuming and stressful than it needed to be.

anmarj

Okay, get it now. Get the new LPA done. Companies are not going to deal with you alone without the LPA.

Spendless

Some companies have their own Authority to Act forms, that you fill in, so does your Dad. His signature is checked (if it's a company that would have your Dad's signature) and they register that on your Dad's details. I check such forms in my job (social housing). If someone has also sent in an LPA that is also checked and logged. Without this, we do indeed ask for Dad to be put on the line  so we get verbal permission to talk to you.

Whilst longer term it would be sensible to get LPA, it's going to take some weeks to come back, in the interim you could ask the companies concerned if they also do their own Authority to Act forms  or equivalent or what they require for you to be able to help your Dad. They should be able to discuss what the procedure is or if they accept anything other than an LPA. 

elsien

Utilities do, as long as the person can clearly request it. I am the primary contact for my mother for her gas and electric, because although she has all her marbles, she is very deaf and struggles to hear on the phone. We had an ongoing complaint and it was just easier for me to message them and copy her in, and asked them if they needed to phone to phone me. I seem to remember they took email consent from mum, following a phone call where she explained that’s what she wanted. 

I do have LPA but it’s not needed yet.

bunnygo

how is the EPA set up? If it is 'joint and several' then either attorney can act alone. if it is 'joint' (bad idea) then both attorneys need to agree and incapacity or death of one ends it.. Important difference.

If joint and several then you don't need to change it. To use it, get in touch with the power of attorney department of each insitution and they will sort out forms/registrations etc. Note that as no new EPAs could be made after 2007 and so not many are now needed, you may need to explain carefully to staff that it is NOT an LPA and hence there is no access code. Ask if they will accept scans/photos of the document (many places will), if not then send a certified copy, if the original gets lost in the post you are stuffed.

If the donor has capacity then some insitutions ask for their signature but not all.

SueC_2

bunnygo said:

how is the EPA set up? If it is 'joint and several' then either attorney can act alone. if it is 'joint' (bad idea) then both attorneys need to agree and incapacity or death of one ends it.. Important difference.

If joint and several then you don't need to change it. To use it, get in touch with the power of attorney department of each insitution and they will sort out forms/registrations etc. Note that as no new EPAs could be made after 2007 and so not many are now needed, you may need to explain carefully to staff that it is NOT an LPA and hence there is no access code. Ask if they will accept scans/photos of the document (many places will), if not then send a certified copy, if the original gets lost in the post you are stuffed.

If the donor has capacity then some insitutions ask for their signature but not all.

This is really helpful, thank you.  It is 'jointly and severally', so I don't need to do anything?  Would there be any advantage in making a new LPA?

elsien

EPA is just for finances. Dad needs to think about who he wants making health and welfare decision for him if he loses capacity, such as medical treatment decisions or decision about where he lives. You need the health/welfare LPA for that.

More details of the differences here.
Power of Attorney | LPA & EPA Compared | Specialist Solicitors | Bonallack & Bishop Solicitors (bishopslaw.co.uk)

LPA are easy enough to do yourselves online without a solicitor unless they are very complex. I printed off the forms for mum to look at and then and then we went through them a bit at a time, which allowed for a proper discussion of what her wishes would be if she could no longer express them.