Hi Betty
yes, confusing, isn't it? And I'm no expert, though I have sought to find out as much as possible in the interests of Jan.
I have had advice from two solicitors, as well as the Court of Protection [Public Guardianship Office].
"why do you need to lodge the EPA with the COP."
Why not contact the Public Guardianship Office and ask for their book on the subject - it is free. You can also download it from
http://www.publictrust.gov.uk/documents/epa.pdf
The booklet says:
If someone is setting up an EPA we will provide advice on how to go about it.
We become involved when a person has lost or is losing their mental capacity to manage their own financial affairs, At this point an attorney must register the EPA with the Court of Protection.
"whats the advantage of having an EPA if it doesn't grant you full access"
Again, I quote:
"An EPA is a legal process in which you hand over to someone else the power to decide what is done with your financial affairs and property. The person you appoint as your legal representative is known as the 'attorney'. They can use the power straight away if that is what you want. Or you can make clear that the EPA is only to be used if you become mentally unable to manage your affairs in the future."
The EPA form itself says:
"2. If you give your attorney general power in relation to all your property and affairs, it means that they will be able to deal with your money or property and may be able to sell your house.
3. If you don't want your attorney to have such wide powers, you can include any restrictions you like. For example, you can include a restriction that your attorney must not act on your behalf until they have reason to believe that you are becoming mentally incapable; or a restriction as to what your attorney may do."
So, the restrictions are mostly to add further protection, which is what the EPA is all about, really.
"whats the advantage of the COP "
The advantage of the COP, as I see it, is that they provide legal protection for the interests of the person with dementia. Not everyone will necessarily act in the true interests of the subject, and in their very vulnerable position, they require maximum protection.
It seems to me that it also protects the attorney, should they seek to use the subject's resources an some way that might later be challenged. [what about those people who don't visit the patient and leave you to look after the visits and all their affairs, then, when the will is finally read, suddenly appear and accuse you of using
their money....?]
Before an EPA is registered, close family needs to be formally notified.
The disadvantage of registering the EPA is that a level of administration and cost is [necessarily] introduced.
You will find that banks, the Benefits Agency, pension schemes, nursing homes etc will probably need to see a certified or office copy of the registered EPA before they will act using the subject's resources.
In order to purchase Jan's new chair, I needed to show a registered EPA in order to release the not insubstantial money from her account.
"my dad is still at stage of being able to understand , sign etc
"
This was the point when my solicitor strongly advised setting up the EPA since the loss of ability can come surprisingly quickly and if you have not set things up before time it may be too late, and to do this stuff late on is even more trouble.
Good luck with the vouchers!