1. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,438
    I don't suppose anyone knows the answer to my first question, but maybe someone knows the answer to my second.

    1) Has anyone filling the Application to register the EPA using a foreign address? I guess I'm going to have to call the help line about that.

    2) When mummy executed the epa, we set it up with me as attorney, but also with my husband as an attorney (severally) in case I got run over by a bus or something. I'm thinking when I register, I should register it with both of us jointly and severally in case my anticipated bus induced demise occurs after it's registered - that we we don't have to go back to the court (or rather he doesn't - I won't be around to worry about it).

    Jennifer
     
  2. Skye

    Skye Registered User

    Aug 29, 2006
    17,000
    SW Scotland
    Doesn't 'severally' mean 'either or'?

    John's son and I have EPA severally. Everyone has accepted my signature, with the exception of on very large and well advertised insurance company, who insist on both.
     
  3. DeborahBlythe

    DeborahBlythe Registered User

    Dec 1, 2006
    9,222
    Hello, I may be wrong, but I don't think you can now register it as a joint EPA if it wasn't set up as one in the first place. It has to be registered, I think, in line with what your mother first intended. Sue or others may correct me.
     
  4. sue38

    sue38 Registered User

    Mar 6, 2007
    10,854
    Wigan, Lancs
    Hi Jennifer,

    I can't find anything in the regulations to say that the attorney must be resident or provide an address in the UK, but having looked at the form it does seem to be geared to UK appplicants.

    As to the second point, if your Mum appointed both you and your husband, jointly and severally, then either one or both can sign and you should both apply to be registered (as that bus may yet come ;) ). If on the other hand your Mum appointed you and then made a proviso for your husband to be appointed in the event of your death (not very likely with an EPA - I have never seen it, but quite common with wills), then only you can apply to be registered.
     
  5. BeckyJan

    BeckyJan Registered User

    Nov 28, 2005
    18,972
    Derbyshire
    I may be going off beam here but - how important is it to be registered??

    My husband have had EPA in place for several years and I rang our solicitor a few weeks ago with a view to registering - my husband was at that time happy to do so. The solicitor's assistant rang and said he did not think it was necessary at this stage - that most banks etc would accept the fact that it was in place without registration.

    So far I have no special problems with my husband but at what stage do I register? He is so good at letting me get on with things and happy to sign when I have explained - is it really necessary?

    Hope I have not taken this thread off course but if so will start yet another one on EPA!!
    Thanks Beckyjan
     
  6. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,438
    #6 jenniferpa, Jul 24, 2007
    Last edited: Jul 24, 2007
    Yes, jointly and severally. That's what I thought: while a bus never seems to come when you're waiting for it, you never know! Although come to think of it, I need to look at the darn thing to check.

    When she drew up the EPA, the solicitor told us there was no reason why the attorney had to have a UK address, although registration might be a bit of a pain. This has proved prophetic! I'll call the help line and find out what I should put in each box.
     
  7. Skye

    Skye Registered User

    Aug 29, 2006
    17,000
    SW Scotland
    Jan, John has always been happy for me to deal with things. The problem is, he can no longer sign his name, so I have to sign as POA.

    Is this likely to be a problem for you?
     
  8. noelphobic

    noelphobic Registered User

    Feb 24, 2006
    3,452
    Liverpool
    That's a good point Hazel. Sadly my mum has been unable to write or sign anything for quite a long time now. I suspect it is not uncommon as the illness progresses.
     
  9. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,438
    Well here's a turn up for the books - I can't find the *&(*&( thing! It's not in the document safe, it's not in the file I keep for my mother, its not where I thought it was (sadly, neither of those 2 places). Clearly, I have lost my mind. I will now have to go through every single file in the house - not such an easy proposition as my husband runs his office from here! Trying to look on the positive side - I can get rid of all those papers that no longer have any function, so by the time I've found it (and find it I will) I will be so much better organized.
     
  10. BeckyJan

    BeckyJan Registered User

    Nov 28, 2005
    18,972
    Derbyshire
    Jennifer: something good comes from everything - will feel really envious when you are all neat, tidy and organised!

    Skye: oh goodness - David may well lose his capacity to sign - is that the time I register? Are you registered , or just with EPA in your file which banks etc accept?

    Thanks for help Beckyjan
     
  11. Skye

    Skye Registered User

    Aug 29, 2006
    17,000
    SW Scotland
    I've been registered for ages, but haven't had to use it till this year. Previously, I could write John's signature and he could copy it. This year, he can't even do that, the letters are just meaningless squiggles to him.

    I would advise getting it registered, particularly as David doesn't mind you taking over. It's one thing less to worry about.
     
  12. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,438
    Well I give up (at least for the next couple of hours). I CANNOT find the stupid thing, and I'm now beginning to wonder if for some strange reason I left it in England, although for the life of me I can't imagine why. To say this is driving me to despair is an understatement. I'm 99% (well, maybe 95%) sure I took it with me when I last came back, because I take EVERYTHING, but why I would have taken it out of it's folder I have no idea. Sob.
     
  13. Skye

    Skye Registered User

    Aug 29, 2006
    17,000
    SW Scotland
    Jennifer, do I sense panic setting in?

    Sleep on it, you'll remember in the morning.:)
     
  14. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,438
    Oo I'm way past panic and into full blown hysteria :D
     
  15. DeborahBlythe

    DeborahBlythe Registered User

    Dec 1, 2006
    9,222
    Perhaps your husband has it, or his copy?
     
  16. fearful fiona

    fearful fiona Registered User

    Apr 19, 2007
    723
    London
    Dear Jennifer,

    How well I understand the frustration of not being able to find something? Is it possible that the solicitor who drew it up has a copy?

    My brother and I have the EPA "jointly and severally" which is either/or except in the case of larger amounts of money (but this was specified when our parents set up the EPA) and then we have to sign jointly.

    We are in the process of registering it with a number of financial institutions (my father was an accountant and his affairs were/are very complex) and we have been surprised at the difference in what the banks ask to see. Some are happy to register the EPA without the Court of Protection stamp on it, some need all sorts of identification certified by a solicitor and/or utility bills. And even one financial institution wanted proof of our parents' identity which I find curious as I can't really understand how they were able to hold funds for our parents without knowing who they were!!! Ho hum.

    Also I find that I have had to register it with utility companies before they will talk to me.

    Sorry, this is a bit long winded but I hope it's useful.

    Have a good night's sleep, fingers crossed it turns up.
     
  17. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,438
    You ARE joking, aren't you? :D In fact he's already freaked me out suggesting it might have been in a suitcase which has been thrown away! It wan't (i'm sure it wasn't, oh please tell me it wasn't) :eek: Actually, I don't think he had a copy. Well if I can't find it in the house, I'll just have to wait and see whether I accidentally left it in England, and if THAT doen't work, I'll call the solicitors (thanks Fiona) although I don't think she does have a copy.
     
  18. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,438
    I suspect this is me clutching at straws but I've just thought of a logical reason why I could have left it in England: in order to register it I have to notify Mummy in person that I am registering it, and since I haven't it would have made sense to leave it there rather than carry it backwards and forwrds across the Atlantic. Unfortunately I'm now at the point of imagining what I may and may not have done (you know how it is, I can see myself putting in her document file, but it's probably just wishful thinking).
     
  19. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,438
    Well, it's not in this house - there's nowhere else to look. So either it's in England or I've lost it. I can't continue running around like a chicken with its head cut off, so I'm going to assume that it IS there, and save my nervous breakdown for when I can't find it in the document file. It's not as if it's tiny - it's on stiff legal paper in a stiff envelope.

    I've printed off the epa from from the web-site. You never know, if it is AWOL, mmmuy has quite lucid periods so maybe we could do another one, and looking on the dark side, if she's as bad as is reported, getting an EPA is going to be irrelevant.

    In fact, I think that's what I'm doing - focusing on the lesser of two evils.
     
  20. Skye

    Skye Registered User

    Aug 29, 2006
    17,000
    SW Scotland
    Good for you! So no more panics?:D
     

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