enduring power of attorney problems

My LPA for finance as well as Health and Welfare is winging its way through the courts at present. It should be ready any time soon for my last signature. My mind will be at rest.

Is mum competent?

Did finance and health ages ago. I'm on the mission with you Anya!

Go for it!!

Would never ignore you Anya!! Your point about the health side of it is so important and I'm to admit that we haven't done that part yet . . . (hangs head in shame) New Year Resolution?

I think I would be tempted to speak to GC who is receiving this money and/or their parent(s) if poss to find out what's going on!

Ignore me mini I'm on a mission to get people to remember to take out a LPA for Health &a Welfare!! Too many just think of the finance aspect and forget the (IMO) more important one.

That was to annieg not you Anya! She might not be aware.

I'm aware of that Mini and I think they only covered financial affairs.

If the EPA was made and signed before 1st October 2007 it is still valid (Age UK)

And EPOs are the old version. The up-to-date ones are LPAs.

Registering PoA with the Office of the Public Guardian is just that. Your mother can change it at any time and smileless is correct in that it can only be set up with the permission of the person.

Plus ONLY if a doctor agrees your mother is incompetent to manage her affairs can you then apply for the PoA to be activated.

I'm a littleHilltopgran and an E.P.O.A. can only be set up with the consent of the person it's put in place for.

If she is in her right mind, she can do anything she likes with her money, fair or unfair, whether you like it or not.

If that sounds brutal it is because that is the legal position, regardless of the honesty or otherwise of the recipient and regardless of whether she impoverishes herself by doing so or not.

We registered the EPOA my Mother had put in place when we realised she was not managing her money well, she surcomed to pressure from people outside the family and lost a lot of money. To a casual observer they would not have thought she had a problem, but she did have Altzehimers, Mum was not happy that we registered the Pof A but it was in her interest. OP suggest you take advice if you are concerned, often the ability to understand consequences is one of the first senses affected by dementia, being unable to understand why you are concerned and fixated sounds wrong. I would also be concerned how a GC has persuaded an older person to part with a large amount when they can not afford it, it could be seen as financial abuse.

Agree with above.

I am assuming that your mother has mental capacity. The fact that she is taking an action that you disagree with does not mean she has lost capacity and the power of attorney has no relevance at this point.

Your enduring power of attorney only comes into effect when your mother no longer has capacity to make decisions and act in her own behalf.
She may be acting unfairly or even in your opinion irrationally but that doesn't mean that legally she isn't capable and that she can't do as she wishes.
However if you have other evidence that she may be becoming incapable you should consult a solicitor about activating the PoA through the Court of Protection. But I think this wouldn't be done without very good evidence that it would be in your mother's best interests.

does anyone have a reply