An endless wait for Enduring Power Of Attorney

[colmcrob]

My father-in-law is now at the point where we have had to enforce the EPA, which has so far taken 3 months and is still outstanding. We've been assured there's no problem, just down to volume of work and backlog. Meanwhile we're trying to hold everything together financially which is a real strain all round.

Having searched for info on what exactly we do once it's finally registered, I now appreciate why the changes from EPA to LPA have been brought about. My wife and I are capable of the duties of a Deputy and are the Attorneys. We've had further complications after the loss of my mother-in-law in March following a 2-year period of her being in and out of hospital and are now solely responsible for my father-in-law.

Can anyone please give me further clues or websites on setting out the finances past and present as we're new to this and would appreciate any help.

Thanks in anticipation.

 

[Roma]

Hi Colmcrob

Don't like the sound of it taking over 3 months to get your EPA registered. I'm at the stage of just receiving the forms to register the EPA and all the hassle of contacting distant relatives to inform them of the application to register.

I thought once I'd got that done then I'd send it off and it would take just about a month to get the registered EPA back.

Thankfully I have a joint account with my mother so I can use that in the meantime to pay for her care home fees, but I can't sell her house or investments without the registration.


Roma x

 

[gigi]

Epa

I sent mine off in January this year to be registered...it was finally completed about the end of March..approx 3/12.

Sorry Colcromb..can't help with other advice as ours is a huband/wife situation...

Perhaps the Alzheimers Society can help you?

Roma..be prepared for a wait....sorry!!

Love gigi xx

 

[Grannie G]

Epa

I have just sent mine off to be registered. My solicitor told me it would take at least 2 months.

 

[BeckyJan]

I applied for registrtion on 1 April and it was back by the beginning of May! I think it says 30 working days on the instructions.

I did have a delay with getting the copies - these are supplied free of charge - but they obviously had not read my letter the first time around. Did get them, several phone calls and emails later.

I did the registration directly with the OPG although the EPA was written up years ago by our solicitor.

Good luck Jan

 

[colmcrob]

EPA application

Solicitor did not release original docs until certified copy rejected,even after Guardian Office informed me everything was in place and it would be finalised by 12-19th May.Same old public office problems,too many changes in legislation and the same civil servants expected to cope.
Yes,be prepared to wait.n

Hi Colmcrob

Don't like the sound of it taking over 3 months to get your EPA registered. I'm at the stage of just receiving the forms to register the EPA and all the hassle of contacting distant relatives to inform them of the application to register.

I thought once I'd got that done then I'd send it off and it would take just about a month to get the registered EPA back.

Thankfully I have a joint account with my mother so I can use that in the meantime to pay for her care home fees, but I can't sell her house or investments without the registration.


Roma x

 

[Clive]

Hi colmcrob

I actually used the unregistered Enduring Power of Attorney for some years before I registered it as mum was not interested in actually paying bills and chasing up the gas company and pension etc. It was only when I sold the house that I was asked for a Registered EPA.

When I had registered the EPA the first thing I did was get a certified copy. I found by ringing round that the price for a copy varied between solicitors and one offered to do the copy free of charge.

Once I had the registered EPA I just went to my local branch of mum’s bank and registered it with them (my mum’s branch had already seen the unregistered one years before and had lost it along with mum’s and my signatures which just shows they do not check the signature on cheques). In my case they just let me continue using the same chequebook as before. Some banks give you a new chequebook marked Power of Attorney which is possible a better way.

Whilst we all seem to have some problem, this is simple due to the fact that bank staff etc do not seem to be trained in what to do. Give yourself plenty of time and you should find it is no more difficult using the EPA than doing your normal thing.

It is sensible to keep all the receipts for anything you spend for father in law, along with the bank statements. Basically all you are doing is running his affairs for him. As long as you do what you think he would normally have done you will not go far wrong.

All the best

Clive

PS You seem to have had to wait far too long to receive your registered EPA back. Whenever I have difficulties with a Government department I go down to my MP’s surgery in the local town and ask for his help. He writes a letter (or many letters) and eventually things get sorted out. This way you get someone chasing your concern from the top down which usually works. We ordinary mortals have to chase our problems from the bottom up, often getting a different person on the phone each time.

 

[TLJ]

On the subject of Power of Attorney...can anyone tell me, is it true that it costs about £300 to set it up?
Thanks
TLJ

 

[jenniferpa]

TLJ - when you say "set it up" are you referring to getting one drawn up, rather than registering one? If so, it can cost anywhere from 0 to the sky's the limit. 0 would be when you down load the forms from the guardianship website (actually 0 might be over optimistic - you will have to get someone to certify that your loved one is competent and professionals such as doctors and solicitors have the right to charge for this, maybe £25-30?) and anything else would be possible if you go the solicitor route. You have a right to get a quote from a solicitor before you go ahead.

 

[Marianne]

Epa

I applied for EPA through the Court of Protection back in Jan'2005. This was done through a solicitor. The first thing the courts did was empty the bank account. It took a few months to sort out. I paid over £300 for the courts initial setting up fee. I paid the solicitor over £600 and I paid every year for the courts to audit the accounts. I also had to pay insurance.

The first thing I did was take a sealed copy to the bank. They then issued bank card and cheque book. The courts paid a fair amount into the account initially. The rest made very good interest in the courts account.

 

[TLJ]

Thank you for advice.
I was worried about accessing my dad's bank account as he cannot do this himself. At present i have to take him to Tesco's to buy something, use his card and sign for it, then get cash back.
The only thing I can think of doing is getting his name put onto my account as a joint account then gradually get his pension, Att Allowance paid into it, then eventually close his account by letter with his signature.
But I was told that, without Power of Attorney, if he went into care, I would have no say as to his care.

 

[jenniferpa]

Actually that's not entirely true. While it is now possible for people to draw up an LPA which deals with welfare, not just money, there are many people who simply have an "old" EPA and have full input into the care of their loved one. I never got around to registering my mother's EPA but it wouldn't have occurred to me that I wouldn't have been consulted, and in fact, I always was. It may be more codified with the new LPAs but 99% of the time you'll have input with or without one. The difficulty arises if there is someone else who also has input - I was an only so this wasn't an issue.

 

[Brucie]

I think that the different experiences may make people reflect on the advisability of setting a relevant power of attorney way before anything happens healthwise.

I know that when I re-drafted my Will last time, my solicitor asked if he wanted me to draw one up for myself. Despite anything I say here, of course, I didn't. Mostly because I believe I can do it myself without incurring the costs associated. All I need now is to do it!

When a power of attorney has to be set up after a person has lost the ability to agree to it, then the Court of Protection will appoint an attorney, and that is when things tend to get taken out of the family's hands, and charges are made.

These are just my thoughts - I'd advise talking to the Guardianship Office, or the AS Help Line for more definitive info.

 

[littlelins]

Having read about other people's delays in registering EPAs, I was prepared for a delay when I sent my dad's off at the end of June....received it back this morning - a mere 3 days after the period dad's relatives are given to object! Maybe I've been the exception and not the rule, but I thought I'd let you know it may not take months after all