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New power of attorney guide

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  • Keep_pedallingKeep_pedalling
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    Hi,

    I am currently in the process of selling my mother’s house as she has moved into residential care and the proceeds are needed to pay the fees. I have an LPA, however her middle name is not printed on this, an oversight on my part as I must not have put it in the form. As her middle name does appear on the title deeds for the house, my solicitors are now requesting a statement of truth to certify that this is the same person named in the LPA. Is this necessary or an expense that is not actually required?

    Any help/advice greatly appreciated.

    I think this is something only a solicitor can advise on. Getting a second opinion is going to be a more expensive option than just getting the SoT drawn up and signed, so personally I would just do it and be glad they were not claiming the LPA was invalid which would be a seriously expensive situation.
  • The instructions on the LPA form now say explicitly "You can print the LPA single or 2-sided. If you print single-sided, there are blank pages between the main LPA document and any continuation sheets."
  • dinjedinje
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    Does my sibling require to notify me, in getting power of attorney for their health and finance? I thought i read somewhere that, they have to declare they contacted other family members and notify them of their intention, or/and get approval, and then its approved by a judge and solicitor? I seem to read conflicting things on this.

    Scenario: I tried to arrange a hearing test with the NHS, for my father, but the appointment was cancelled by my sister, and is refusing to allow him any hearing treatment. She said she has power of attorney for Health and Welfare, and financial affairs. I have never been notified of this/these applications, and never seen any paper work to validate this.

    Thanks for any help.
  • Keep_pedallingKeep_pedalling
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    dinje wrote: »
    Does my sibling require to notify me, in getting power of attorney for their health and finance? I thought i read somewhere that, they have to declare they contacted other family members and notify them of their intention, or/and get approval, and then its approved by a judge and solicitor? I seem to read conflicting things on this.

    Scenario: I tried to arrange a hearing test with the NHS, for my father, but the appointment was cancelled by my sister, and is refusing to allow him any hearing treatment. She said she has power of attorney for Health and Welfare, and financial affairs. I have never been notified of this/these applications, and never seen any paper work to validate this.

    Thanks for any help.

    No, there is a place to put people you want to notify on the forms, but it is purely optional.

    Nothing has to be signed of by a solicitor or a judge.

    If you have real concerns that your sister is not acting in his best interest you should report your concerns to the office of the public guardian.

    https://www.gov.uk/report-concern-about-attorney-deputy-guardian
  • dinjedinje
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    Thanks for info, yes still reading up on it, bit of a mindfield! So my sibling would have filled out the forms, as dad is blind and partially deaf. My sibling would not have given him the option to add me as an attorney, and could have put down whatever she wanted, and he wouldn't know.

    I also noted on one of the forms LP12, (clip below) yet she has financial control and health? I understand that she only needs to fill a form out at the bank, and gain control of his account? so that workaround gives her full control of everything!

    What attorneys can do
    Your attorneys can only make decisions that
    you’ve allowed them to make in your LPA.
    For example, if your LPA is for your financial
    decisions, your attorneys can’t make
    decisions about your care or daily routine.
    If your LPA is for your health and care, they
    can’t make decisions about your money.
  • dinjedinje
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    Ahh..just seen this. So yes, they can full control.

    This is why many people set up both types of Lasting Power of Attorney simultaneously, appointing the same person to look after each. https://ukcareguide.co.uk/lasting-power-attorney-health-welfare/
  • PrimrosePrimrose
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    When granting a P of A there is a section on the form where the donor can specify people they would like notified before powers are used but that is only an option and not compulsory so if your sibling omitted to complete that part there is little you can do if your dad agreed.

    If as yiu say yiue dad is almost blind and was foe that reason unaware of what was on the form simply because he was unable to see and read it before signing as opposed to not being in full mental capacity that could be anither issue.

    You need to ask him if he wanted you be excluded from all decision making on his behalf. If he didn,t or the powers of the P of A have been misrepresented to him by your sibling and he still has mental capacity ai think yiu need to seek advice from the Office of Public Guardian.

    It's unsatisfactory for you both to be squabbling over your dad,s welfare when you should both have his best interests at heart and the issue does need to be resolved.
  • MalthusianMalthusian
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    dinje wrote: »
    Thanks for info, yes still reading up on it, bit of a mindfield! So my sibling would have filled out the forms, as dad is blind and partially deaf. My sibling would not have given him the option to add me as an attorney, and could have put down whatever she wanted, and he wouldn't know.

    If he still has capacity you really need to ask him ASAP as per Primrose whether the POAs match his intentions, rather than going further down this rabbit hole without proof.

    If he didn't intend to hand sole control to your sister, do not bother with the Office of the Public Guardian, he should simply revoke the Power of Attorney. Then make a new one. (He should go to a solicitor - they are not normally necessary for POAs, but in this case a solicitor can verify that he understands what he is signing.)

    If he did intend to appoint your sister only, then you should leave them to it unless you have more evidence that she is abusing the power of attorney. Cancelling a hearing test does in itself not amount to abuse.

    If he doesn't have capacity anymore then you have a long fight via the Office of the Public Guardian on your hands if you have evidence the POA is being abused.

    If he makes new POAs he should appoint at least two attorneys (either together joint and several, or one as backup). And not you and your sister, as that is a recipe for internecine warfare. If both of you were named as attorneys jointly and severally, then you would still have arranged the hearing test and your sister would still have cancelled it.
    I also noted on one of the forms LP12, (clip below) yet she has financial control and health? I understand that she only needs to fill a form out at the bank, and gain control of his account? so that workaround gives her full control of everything!
    It's not a workaround, it's how it's supposed to work. If your father knew what he was signing it's what he wanted.

    I was going to ask if you knew who witnessed his signature on the POAs (it won't be your sister), but that may not be of any use; they might have seen nothing more than him signing some already-filled forms.
  • Mony23Mony23
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    I haven't found a section in the guide on POAs for those of us who have no relatives  to act as poa? There is a large minority of people over 65 who like me have no children or no younger relatives able to take on this responsibility. There is a general assumption that everyone has children or relatives?!  I have found a solicitor who specialises in this area of work but I would like to know what others have done in this situation?
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