EPA and its validity

[Kriss]

I'd almost forgotten about the joint account set up. When Dad was deteriorating HSBC allowed Mum to change his account to a joint one. I was pleasantly surprised that they did it with no fuss at all.

I recall going with Mum and Dad to their local branch when Dad was at a stage where he was struggling to sign things. That was long before we had even heard of EPAs and it allowed Mum to carry on as normal throughout his illness.

It was only when Aunt showed signs of the illness that a financial advisor suggested whe ought to set up an EPA and then without prompting my Aunt produced the blank form one day (we realise now that she probably knew she she was in trouble).

Please don't be afraid of the process. You need to do something whether its an EPA or a Joint account otherwise things will be even more complicated than they are now. Take one step at a time, don't be worrying about what else your Mum wants to do until this bit is sorted. then take advice at each turn.

 

[Nebiroth]

A bank cannot refuse a registered EPA.

Also, be aware that an EPA does not remove any powers from the donor - it merely grants powers to the attorney.

An EPA doesn't come into force until it is registered with the Court of Protection. However, the attorney can manage financial affairs whilst the application is being processed, although this does not include major things like the sale of a home.

An EPA can be registered at any time, unless the donor has specifically limited it - for example, they may have put in a clause to say that it can only be registered if the donor has lost the mental capacity to manage their own affairs.

The attorney(s) have a duty - an obligation - to register the EPA with the Court if they believe that the donor has lost, or is beginning to lose, the ability to manage their own affairs.

This last can of course cause problems, because the attorney is obliged to notify the donor - in effect telling the donor they believe the donor is becoming mentally incapable. In my case I am faced with the dilemma of telling my father, who cannot really manage his finances, this - he cannot manage his finances without help, but is aware enough to realise what being told this by his son means!

However, it is possible for the attorney not to notify the donor, if it is believed this will cause the donor harm or distress, although the recommendation is to seek supporting evidence from a doctor.

 

[Michael E]

Its probably not too interesting but I am about to undertake the mirror process of PoA... here in France... makes the Brits look brilliant!!!

I have to fill out a reasonably simple form giving details of close relations, close friends, birth certificates, marriage certificates, list of property, list of incomes, list of bank accounts...... Having got this dossier of 10 documents together I have to get certificates from her own doctor, her specialist, and then agreement to the state of the condition from a doctor on the list of state appointed doctors who do this......

Then on top of all this I go for an interview THEN the court will consider the matter and in the fullness of time - normally 6 to 8 months - will make a judgement! To be fair it is normal to let the wife/husband of the patient be the 'Tuteur' - have PoA but not 100% certain....

fortunately most of our financial affairs are in the UK and covered by the UK poa but the french system certainly makes you ..... well I'm not sure what.. Just starting now so watch this space!