Enduring Power of Attorney

[currywurst]

Hello everyone

My Uncle has POA for my mother who I care for and have done since my father died suddenly 3 years ago.

Sadly my Uncle has had an operation and has contracted C.Diff and is now in intensive care. Of course I pray he recovers but just in case I wanted to ask what happens about the POA if the worst happens?

I feel dreadful asking but I want us to be prepared if neccessary.

Thanks in advance.

 

[Nebiroth]

One assumes that, should your uncle pass away, then the POA would cease to exist.

I do not think that it would go to anyone else, unless they were also named as an attorney on the original document.

If you're not, then you would have to apply through the Court of Protection to be granted POA. As you uncle has already declared your mother incapable of managing her affairs I'd assume that she would not be able to create a new LOA (the replacement for EPA).

 

[jenniferpa]

Nebiroth is correct I believe. It's as if the EPA had never been. When my mother's was drawn up I got her to put my husband on as well because you never know what's going to happen. The new LPAs have, I think, an option to list alternates, but that's not going to be much help in this situation.

You might want to call the Court of Protection's customer service line 0845 330 2900

 

[currywurst]

Thank you Nebiroth and Jenniferpa.