Enduring Power of Attorney

The PofA needs to be registered. Do you know if this has happened?

No, I'm afraid it has not been registered.

It can't be put into force until it is registered and that can take several weeks. I made one last year and it is registered and is being held by my Solicitor.

Thank you.

A power of attorney has to be signed by lots of different people who should all have copies. Anyone mentioned in it should have a copy.
As sunseeker said it takes several weeks.
Has he named anyone to take over if you are incapacitated before him?
I do not like to say it but it is a possibility.
My husband died two years ago today. He had a list of people, both our sons and myself, and his brother.

When the Enduring power of Attorney came in to force for my mother the solicitor asked me for the names of relatives who may have an interest ie sisters / brothers nieces and nephews and their children.
I know letters were sent to them but no acknowledgement of receipt was requested.
Nobody objected. I had a few phone calls asking if they had to do anything with the letter and I told them just to file it till my mother passes away.
Oddly 1 of the relatives which came in to that category was a 6 month old boy.
The solicitor said we better play safe and send him notice but we got no answer from him. His mother had the same notice.
We had lost touch with 1 of the relatives but the solicitor said I was not expected to go to the ends of the earth tracing him.
She told me to phone 6 relatives to try and get contact details and keep a note of the dates and times I made the phone calls.
We have still not found that relative.

Mary

Enduring Power of Attorney has been phased out and replaced by Lasting Power of Attorney. EPAs drawn up before the change are still valid.

LPAs must be drawn up when the person is in full possession of their mental faculties - it is too late afterwards. There are two different types one covers financial matters and the other is health related. I'd recommend everyone to have both in place. You can name more than one attorney, and you can give them power to act jointly or solely.

LPAs must be registered with the Office of the Public Guardian. You need to see if it can be registered now.

Hello again, thank you for the replies to my post. I would just like to provide an update since I posted in 2014.
I am still possession of the Enduring Power of Attorney which my Uncle made in 2005, it has not been registered to date.
My Uncle's illness (Parkinson's Disease) has progressed and he now has days where it's very difficult to have a coherent conversation with him. He suffers from occasional hallucinations but this is due to his medication & not necessarily dementia related.
My Uncle has lived with a lady for 40 years and I'm sure she has no idea of the existence of the EPOA. When I asked my Uncle why he had not made his partner POA he told me he didn't trust her to look after his money in the event of him becoming incapacitated.
I'm becoming worried as I can see my Uncle deteriorating before my eyes and he is now telling me his partner wants to put him in a home. My Dad, his brother wants me to register the EPOA in order to protect my Uncle's future interests.
I'm aware that I have to inform various relatives of the intention to register the EPOA (if I decide to do I) but my Uncle doesn't want his partner informing. Surely she has to know? She isn't going to be happy and the last thing I want to do is make life more difficult for my Uncle. I rang the Office of the Public Guardian for advice but they gave conflicting advice. Initially said I should tell the partner then said not to if my Uncle doesn't want her to know.
Advice please.

Also look at this thread about LPA's, you may find it interesting :- www.gransnet.com/forums/chat/1214847-Power-of-attorney

I think, you should register the EPOA to protect the assets of your uncle. Sometimes we have to make choices which we don't like.

Get it registered, GrannyButton That is what your uncle wants. It takes a while to come into effect, so the sooner you do it the better. If his partner makes a fuss, tell her that it was your uncle's decision, not yours. Do it while he is still well enough to confirm what you say, before she can claim that you took advantage of his illness.

He said he didn't trust her to look after his money. Do you really want to abandon him to whatever she is likely to do with it?

Thank you to everyone for your replies. Uncle is currently in hospital after a fall at home.

I'll be registering the EPOA soonest. I'm hoping his health doesn't deteriorate any further. Thanks again.

GrannyButton contact your county branch of Age UK. They will have advisors who can answer all your questions or advise who you should speak to. Your local Citizen's Advice Bureau will also be able to help you.