When does Power of Attorney kick in ? who says this

[Actionman]

I have power of attorney, but I am confused as to when it starts and who says i should help out or take control whatever you want to call it this is all a mind field to me. My Mum is more than capable deciding how and when to spend her money on different things is this right ? Another problem I have is that the money she pays me for her keep barely covers the electricity costs that she unfortunately runs up keeping her warm as we stay in an old house with oil fired heating, and we have to use electric heaters and blankets to keep her warm as she is always cold. Can anyone help and explain what I need to do please.

 

[RuralTownie]

Your POA is active now. When you start to use it is up to you really - you start when it's needed. It's probably worth getting it registered with the bank now as the process may be slow, depending on the bank.

As for the money she pays you for her keep, that's a difficult one. As an attorney you shouldn't really be paying yourself with her money. If she still has capacity then it would be reasonable to have a talk with her and draw up and agreement of what she'll pay. Then it's all nice and clear and can continue when she loses capacity and protects you from any accusation of misappropriation. Get it in writing and, if you can, use your phone to record the conversation with her as evidence it's in line with her wishes.
But your best bet is to speak to the Office For The Public Guardian for guidance.

 

[StressedDaughter]

It depends what sort of POA you are - Enduring or Lasting. You can only act on Enduring when capacity is lost. With lasting it depends what restrictions are in your document. If there are none, and you can act severally then you can act with the agreement of the donor regardless of capacity.

 

[Orsonkartt]

I have power of attorney, but I am confused as to when it starts and who says i should help out or take control whatever you want to call it this is all a mind field to me. My Mum is more than capable deciding how and when to spend her money on different things is this right ? Another problem I have is that the money she pays me for her keep barely covers the electricity costs that she unfortunately runs up keeping her warm as we stay in an old house with oil fired heating, and we have to use electric heaters and blankets to keep her warm as she is always cold. Can anyone help and explain what I need to do please.

I bank with Lloyd’s and had to take in the poa and it took maybe 45 mins to have it faxed over to head office and someone there to deal with it. Probably a good idea not to go in at busy times

 

[Actionman]

Thank you everyone for the advice.