Your previous post
http://forum.alzheimers.org.uk/show...ourself-here&p=1232019&viewfull=1#post1232019

Apart from not covering health and welfare what's wrong with the old style EPA, it can still be registered unless it contains an error.

Have the attorneys changed?

EDIT
To find your previous posts/started threads.
Click on 'My Profile' | 'Profile' at top of screen.

 

Welfare was added as a separate document in 2007.

The old one is still valid many financial institutions don't understand the new LPA.

Is the EPA registered with the OPG?

I take it you and your dad were joint and several attorneys?

 

I don't see any point in getting a financial LPA.

As the EPA should only have been registered when your mum was loosing or had lost capacity the OPG may regard any application for an LPA with suspicion.

How long ago is it since the EPA was registered?

 

Are you sure it was registered , not just signed by all concerned 21 years ago?

If so I would be very surprised if the OPG accepted an LPA application.

 

If you are not sure it was registered you can check for free.

https://www.gov.uk/government/uploa...86541/OPG100_Apply_to_search_PG_registers.pdf

 

Yes, but it is not valid until it has been registered with the OPG
https://www.gov.uk/government/publications/register-an-enduring-power-of-attorney

Has this been done?

Not sure about how the registered power was marked in 1995.
Has your copy got a stamp saying registered or some kind of seal?

If it is not registered you can still register it.

 

The combined modern one is actually two separate powers - twice the cost.

 

The old EPA will only cover finances. If you want health & welfare covered as well, and I strongly suggest you do, nothing stops you from making an LPA just for that. It's quite easy to fill in online and you do not need a solicitor to fill in the details you give them and charge you hundreds for the privilege. The forms are here:
https://www.gov.uk/power-of-attorney/overview

Here is a booklet about EPAs: https://www.gov.uk/government/uploa...287864/EPA101_Guidance_apply_register_EPA.pdf

 

"...nothing stops you from making an LPA just for that..."

An EPA registered 21 years ago could well stop any LPA registration.

The OPG would have to be convinced that somebody judged to have lost or be loosing capacity 21 years ago now has capacity.

 

Apologies. What I meant is you could still add an LPA as long as capacity hasn't been lost. She only needs to understand what she is signing in the moment, she doesn't need to retain the info. I don't understand why the EPA would have been registered that long ago - surely capacity wasn't lost back then? Maybe we need to establish that first.

 

"I don't understand why the EPA would have been registered that long ago - surely capacity wasn't lost back then? Maybe we need to establish that first."

That's what I have been attempting, have a read through past posts:-

Post 6
How long ago is it since the EPA was registered?

Post 7
1995

Post 8
Are you sure it was registered , not just signed by all concerned 21 years ago?



Registering an EPA should only be done when capacity is lost or being lost, the OPG will probably stick to this even if the OP registered too early.

 

Yes but has it been sent off to the Office of Public Guardian to be officially registered with them? Believe me, there is a difference. Simply signing an EPA doesn't register it.

 

"The financial poa I have just now has been confirmed as a valid legal power of attorney by a lawyer."

I think you may be talking about a general or ordinary power of attorney.

This kind of power lapses if the person looses capacity, hence the terms Enduring (old) and Lasting (new) powers of attorney.

If this is correct your only routes are LPA if she is judged to have capacity else a court of protection deputy.

If it is not an EPA you should go ahead with the capacity assessment by the GP with a view to LPA's being made.

Post 1
I got a lawyer out to update to the new version, but she says she thinks my mum could be borderline. The appointment is on Wednesday for the GP to certify this or not

 

Post 3
Its an older style document too very short

makes me think it is not an EPA.