Enduring POA

[SophieM]

Hello all
I'm wondering if there is a simple answer to this question?!

I am the neighbour of an elderly man who has recently suffered a serious stroke, is presenting with symptoms of vascular dementia, and is now in a Care Home. He jointly owns the house next door with his partner - and she owns another house locally where she spends 1/2 her time. She has an EPA in place which she registered with the Bank so that she could access his account to pay bills and pay for any upkeep on his car/the property etc. etc.

When he was placed in Care she was informed she had to 'register' the EPA with the OPG, as she believed his 'mental capacity' was impaired - So she started that process. However after a month there was a query on the form and the process has now started from the beginning again - meaning that she is still looking at 10 weeks (and in all likelihood at lot longer) before it is completed and she has access to any funds.

In the meantime there is storm damage to the house, the garden fence is down and plumbing issues. She believes she is unable to pay for any repairs. The plumbing problems are escalating and without the fence the property is not as secure as an elderly frail woman is comfortable with!

Is anyone able to clarify if this is the case? Surely if she was able to access funds prior to December, she still could while the lengthy registration process takes place - particularly if it is to pay bills and maintenance on the joint property. She is not in a financial position to fund these entirely herself, and there is no family to help. We do what we can in a practical capacity, but are not in a position to help financially either.

Any Ideas (I have emailed OPG and she has written...but we are not holding our breath!)

 

[Lawson58]

Was insurance in place for the property? That would where I would start.

 

[nitram]

An EPA can be used as an ordinary POA whilst the donor retains capacity.
You can check if the EPA is already registered with the OPG

Find out if someone has an attorney, deputy or guardian acting for them

Apply to search the Office of the Public Guardian registers to see if they have a Lasting Power of Attorney, deputy or guardian acting on their behalf

www.gov.uk

 

[SophieM]

Thanks for your comments. Sadly the Home insurance doesn't cover the damage.

She was using the EPA as an ordinary POA until she completed the form for the OPG to register the EPA, due to her partners loss of mental capacity. The question is, can she continue to do so WHILE the OPG are spending months processing and registering the EPA - or is his bank account in effect 'frozen' until the EPA is registered?

 

[nitram]

The rules for EPA say it should be registered when the donor has lost or is loosing capacity.

She can use it before registration if he has capacity.

Does he understand that repairs are necessary on the property that he has a financial interest in.

 

[SophieM]

Right - yes, he would if it was explained to him on a good and co operative/communicative day.
Thank you - that is very helpful. It sounds as if she has got muddled too.