Power of Attorney

Gayle

Registered User
Feb 15, 2005
11
0
London
Dear All

Have you had experience of registering a power of attorney? Did you find it a difficult process?

I am looking for someone to talk to the media about getting a power of attorney when someone is diagnosed with dementia. If you have a story to tell please email me at gwing@alzheimers.org.uk or call 0207 306 0813 asap.

Thanks
Gayle

Press officer

PS Happy Easter to all TP users!
 

gerrie ley

Registered User
Apr 10, 2006
83
0
90
bradford yorkshire
Hi my experience was that I asked our solicitor to sort out power of attorney for my wife and that she wanted to ammend her will.She was two and a half years into alzheimers and thanks to her medication - aricept she was still able to understand what was happening with difficulty.Our solicitor said he couldnt draw up the two documents without a written authorisation from my wifes consultant.He refused point blank to to do this and wouldnt even call to see if she was capable.I told him he was wrong and that he should have told us the situation the day he diagnosed alzheimers so we could get my wifes affairs in order. He said I could get a second opinion from another consultant if I cared too but of course that would have been a waste of time because they all muck in the same midden.The short answer is go to your solicitor and lets hope you can do better than me GOOD LUCK
 

Michael E

Registered User
Apr 14, 2005
619
0
Ronda Spain
gerrie ley hi,



Just read your post - wanted to say a while ago I got PofA over my wife's affairs... It really is a very simple DIY process... The government help line and web site make it pretty easy and will send you the required forms and help booklet. It appears solicitors frequently do not understand the illness or the law in respect of AD sufferers and are more of a very expensive hindrance than a help at a stressful time...

http://www.guardianship.gov.uk/theservice/enduringpower.htm is the web site - the telephone help line is friendly and understanding.

The basic form has to be signed by the sufferer and by the person making out the form and a witness... These two people merely have to state that at that 'moment in time' the sufferer understands what they are signing... What the sufferer understands 5 minutes later or or 5 days later is irrelevant. There is no requirement for any medical certificate what so ever.

Having filled out and got the signatures on this form it is not necessary to do anything further until you are sure the sufferer has not got the ability to run their own affairs - again this can be one hour - week month or year later...

At that point you have to inform the sufferers nearest relatives - on a special form - that you art taking enduring power of attorney. You need at the same time to register the original form.. These are the safe guards - the close relatives can object or not to you taking over.... You are legally responsible to the court to conduct the financial affairs of the sufferer in their best interest....

I have made it all sound complicated - it is not - very simple process and solicitors are absolutely not required. The government department has set the system up to help ordinary people like you and I create PofA's easily.

regards

Michael
 
Last edited:

susieb

Registered User
Apr 16, 2006
26
0
We did the DIY route, and later approached a solicitor to register it with the Court of Protection - still waiting 2 years later. Anyone had similar problems with this?

The good news is that all financial institutions have accepted the P of A without it being registered with the Court of Protection (I think this is only necessary if you plan to buy or sell property).

My tip is to take the P of A to a solicitor and have photocopies certified by the solicitor (ours stamped every page with their businesss stamp and the solicitor signed it ). This allows you to retain the original / send it to the court of protection while retaining usable copies - some institutions are inclined to retain the copy you send them, so never send in your only copy.

Susieb
 

daisymaid

Registered User
Mar 7, 2006
15
0
lincoln uk
power of attorney nightmare

well what can i say but it took a long time to get power of attorny sorted, i started with one solicitor who then said after a year it was beyond her capabilities but still took her fees from me £1,500 to be exact.She then passed me on to another solicitor,we had to sell mums house because dad had just died to pay for her nursing home i decided to buy the property god never again two years later after PGO lost documents and files we finally got the go ahead to purchase the property.I photocopied all document three times good job i did,somewhere in the PGO vaults there are mounds of legal documents belonging to me.Whenever i need to speak to someone at the PGO i ask there name.This is only part of my story it would take to long and people would start to fall asleepppppppppppp.You see even i get tired of it.

But after all the hassle if i get any problems the PGO help me out.

Love Daisymaid
 

Brucie

Registered User
Jan 31, 2004
12,413
0
near London
Hi susieB
later approached a solicitor to register it with the Court of Protection
I simply sent the docs with a cheque to the CoP, it was registered, job done. The EPA was originally set up for £60 by my solicitor a couple of years before I registered it. These days I'd have done that job myself because it is so simple. At the time, I wanted confirmation that Jan was legally able to sign on her own behalf. So it was worth the £60 to get a legal guy present, to cover us all.
 

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