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Power of Attorney Problem

(10 Posts)
tonyleatham Fri 27-Jul-12 16:02:02

Hi

My elderly parents did the sensible thing a few years ago and established Enduring Power of Attorney for my sister, who lives the closest to them.

Unfortunately, Mum has just had a confirmed diagnosis of sever alzheimers and the EPA needs to be registered with the court of protection. Problem we've got is that my sister is now a little unwell herself and wants to share the burden with my other sister and I (which we're very happy to do - we did think our Mum and Dad would do this at the time, but they decided not to, and it was their decision).

So, my question is: as Mum's attorney, can my sister do anything to say create a new Lasting Power of Attorney for me? Or is there another solution?

Elegran Fri 27-Jul-12 18:58:48

i see no-one has answered this, and I suppose it is because no-one has a constructive answer to give.

The only thing I can suggest is that, maybe, if your sister takes out another power of attorney on her own behalf, giving you power to act for her, you could act for your mother as your sister's sustitute when she herself cannot do so. i don't know whether this is possible (or even desirable)

If I were you I would take legal advice on this.

Mishap Fri 27-Jul-12 19:05:49

Ring the Court of Protection - they can be very helpful.
If you have not yet signed a PofA it is worth thinking about making sure that you have more than one person designated as your attorney is a good idea. I cannot remember the exact phrase but you can order it so that there can be a number (in our case 3) of attorneys and any one can be signatory to papers when required.

Butternut Fri 27-Jul-12 19:33:58

I had dual power of attorney with one of my brothers for my Mother. I suggest you return to the solicitors and re-draw the PofA. We decided that both signatures would be needed where any decisions were to be made.
I hope this is helpful.
To be perfectly honest, I cannot recall the exact process we went through,but good legal advice will be able to be clear about your requirements.

Barrow Sat 28-Jul-12 10:11:14

It is worth noting that these days you can't make one Power to cover both financial and health matters - you have to make two separate ones. When I enquired at a couple of local Solicitors they wanted £500 plus VAT for each Power. In addition to that there is a registration fee at the Court of Protection of over £100 for each Power. You can download the forms from the Court of Protection website but they still advise that you have it checked by a Solicitor and obviously the registration fees are still payable. As I have no immediate relatives of my own my financial advisor has advised me to make these Powers but I do find the cost a bit of a drawback.

gangy5 Sat 28-Jul-12 16:24:41

If the Power of Attorney has not been registered yet - I see no problem with adding another attorney.
I have just completed mine and would understand that until it is registered you would be at liberty to make amendments.
The current cost for each POA is £130

anneandgraham Sun 29-Jul-12 21:31:44

I had POA FOR my late father in law, and my husband was able to help, but I had to sign the cheques etc. but that was 3 years ago and now think it all has to be registered with court of protection - in those days we just went to solicitor while my f i law was able to agree and they charged about £250 I think more expensive now I feel.

Soupy Sun 29-Jul-12 22:05:57

Is it one of the old style EPAs?

If so I believe there would be a separate one for each parent.

I had one of these for my mother and it was absolutely no problem to download the forms to register it with the Court of Protection; the procedure was very straightforward.

Unfortunately if your mother has Alzheimers then she might not be considered well enough to make a new POA, which I guess would have to be done under the new/current rules.

FlicketyB Mon 30-Jul-12 15:03:32

Speak to the CAB or Age UK, which may have a fact sheet on the subject, look at their website. Personally I would prefer to go to a solicitor who specialises in this field of work and ask them to sort it out.

More generally it is wise to give POAs to more than one person with consent for them to be able to act separately or together. My sister and I shared a POA for an elderly uncle but because I lived nearer and was retired I took on the responsibility of caring for him and acted on the power of attorney. I kept my sister up to date with what was happening so that she could leap into the breach of I fell under a bus, or got killed on the motorway. Otherwise she left me to handle everything and sign everything on the reasonable grounds that I was best informed on what our uncle's needs were and what needed to be paid.

In my turn I have appointed both of my children as POAs with the same freedom to act together or separately for exactly the same reason.

nightowl Mon 30-Jul-12 16:56:35

Phone the court of protection and ask their advice. I don't believe your sister can make a new power of attorney on your mum's behalf, and if your mum has lost capacity she can't make a new power of attorney either. The court could make you a deputy but they will advise you.