Benefits/Drawbaks of withdrawing as POA

Discussion in 'Legal and financial issues' started by Noorza, Aug 21, 2015.

  1. Noorza

    Noorza Registered User

    Jun 8, 2012
    6,542
    I have been unwell and need to avoid stress so this is important to get right for me. A family member who I don't get on with wants me to rescind POA it is the old kind and has been registered with TOotPG Two of my other siblings want me to keep it.

    My concern is the family member who wants it rescinded may try to get one no siblings trust her, only mum sadly, none want her to get PoA, mum does. If there is no PoA, if I rescind, and we later need one what are the implications? This family member has persuaded mum I should rescind and I keep getting calls asking me to do it.

    Sorry to sound selfish but I also have to look after my health now too and need to take the route that will cause me least stress.
     
  2. Pickles53

    Pickles53 Registered User

    Feb 25, 2014
    2,475
    Radcliffe on Trent
    #2 Pickles53, Aug 21, 2015
    Last edited: Aug 21, 2015
    I thought only the person who made the EPOA could rescind it and then only if it was unregistered (as it is has to be registered when the donor is losing or has lost capacity)? OPG can confirm this, but I would think that there would need to be some assessment by a professional that mum has capacity to rescind.

    If you are unable to continue as attorney because of your own health issues, I believe you can notify OPG that you wish to withdraw or cease being attorney.

    The situation is then the same as if there had never been an EPOA. either your mum has capacity to make a new LPA, or if she doesn't someone would have to apply for deputyship which is a more onerous and expensive process.

    One practical point is that banks may freeze all accounts if they have been operated under POA authorisation as soon as they are notified that the existing attorneyship has ceased.

    I appreciate that you need to look after your own health first, but are you sure it would be less stressful if you withdraw and the family member you and your siblings don't trust was successful in obtaining POA? Or if there was no POA so mum would get no help with managing finances?

    Could the siblings who agree with you help share the burden in some way so you have less anxiety or worry about how much there is to do? You don't have to do it all.
     

Share This Page

  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.
  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.