How Much Authority Do I Have As POA

Firecatcher

Registered User
Jan 6, 2020
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As many of you know my Mum has Alzheimer’s and is finally in a care home. My step father doesn’t have dementia but has significant eyesight problems and is struggling to manage his affairs. I have POA for H&W and financial affairs for both of them. My step father has recently let the house insurance lapse and there are major repairs ( collapsed drain) that need attending to. Will having POA give me the authority to arrange for contractors to assess and carry out repairs to the drain or will it still be up to my step father. If it’s left to him he will just let things continue to deteriorate. He’s also not capable of arranging for people to carry out the work. I’m stressed out and worried sick about this because if my step dad dies first I will have to sell the property to fund my Mum’s care. The last thing I need is an unsaleable property.
 

SAP

Registered User
Feb 18, 2017
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If you step dad still had mental capacity and is willing to let you evoke the POA for finance property then yes you can use this to speak with the insurance companies on his behalf. They will probably want to see the paperwork first but once it is registered with them then all should be fine. If, however, your step dad does not agree then you cannot override his wishes.
I’m nor sure if you can do this to act on your mums behalf , maybe it comes under her best interests to ensure the property does not fall into disrepair but again , your stepdad would still have a say I think.
 

nitram

Registered User
Apr 6, 2011
30,737
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Bury
Any pipe carrying waste or rain water from a property is classified as a drain untill it crosses the property boundary when it becomes a sewer.
If a drain joins a pipe (sewer) from another property it becomes a sewer from that point.

Drains are the responsibly of the land owner, sewers are the responsibility of the water supply company and defects should be reported to it.

Is the problem a collapsed drain or collapsed sewer?
 
Last edited:

Firecatcher

Registered User
Jan 6, 2020
608
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Any pipe carrying waste or rain water from a property is classified as a drain untill it crosses the property boundary when it becomes a sewer.
If a drain joins a pipe (sewer) from another property it becomes a sewer from that point.

Drains are the responsibly of the land owner, sewers are the responsibility of the water supply company and defects should be reported to it.

Is the problem a collapsed drain or collapsed sewer?
I think it’s a collapsed drain but can’t be certain until the problem is assessed by a professional. The area which has started to collapse is close to the property and therefore needs urgent attention. Unfortunately my Dad fails to understand the seriousness of this and potential problems if it’s not sorted out.
 

nitram

Registered User
Apr 6, 2011
30,737
0
Bury
The area which has started to collapse is close to the property and therefore needs urgent attention.

Agree, danger of footings being undermined.
There may be a sewer running along the houses and near to the building

A quick look with a camera from inspection chambers will reveal what's happening.
Probably need replacing rather than lining.
I'd just get on with a survey using either of the POAs.
Who owns the house?
 

Cap'n Grimm

Registered User
Feb 6, 2019
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I had to replace the water main on mums house a couple of years ago. Tried to claim on the house insurance. That turned out to be a waste of time. I think there has to be actual damage to the foundations before they loosen the purse strings a little. So renew the house insurance definitely. But take comfort in the fact that had he not let it lapse they probably wouldn’t have paid out anyway.
 

Firecatcher

Registered User
Jan 6, 2020
608
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Agree, danger of footings being undermined.
There may be a sewer running along the houses and near to the building

A quick look with a camera from inspection chambers will reveal what's happening.
Probably need replacing rather than lining.
I'd just get on with a survey using either of the POAs.
Who owns the house?
My Mum and step father jointly own the house. No mortgage as this was fully paid years ago. I just want the property and my step father to to be safe.
 

Firecatcher

Registered User
Jan 6, 2020
608
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I had to replace the water main on mums house a couple of years ago. Tried to claim on the house insurance. That turned out to be a waste of time. I think there has to be actual damage to the foundations before they loosen the purse strings a little. So renew the house insurance definitely. But take comfort in the fact that had he not let it lapse they probably wouldn’t have paid out anyway.
I’m contacting the insurers tomorrow and hoping they won’t insist on a completely new policy. The existing policy only lapsed on Christmas Eve as the credit card it was previously paid on expired earlier this year and my step father didn’t want another one.
 

canary

Registered User
Feb 25, 2014
25,453
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South coast
The more Im reading about your step father, the more Im becoming convinced that he doesnt have capacity to deal with his finances and sorting out the house.
 

Firecatcher

Registered User
Jan 6, 2020
608
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The more Im reading about your step father, the more Im becoming convinced that he doesnt have capacity to deal with his finances and sorting out the house.
You’re definitely right. It’s really difficult to deal with him because he won’t problem solve and seems reluctant to pay out money for anything. He’s always buried his hand in the sand but seems far worse now. I’m beginning to wonder if this is the start of Alzheimer’s for him.
 

Violet Jane

Registered User
Aug 23, 2021
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What do the POAs say regarding when you can start acting and whether both attorneys have to act together? Apologies if I’ve missed something but have you registered the POAs with the banks and what’s stopping you arranging for the work to be carried out? It seems that your stepfather isn’t able to manage his affairs any more and you need to be pragmatic and just get on with things.
 

Firecatcher

Registered User
Jan 6, 2020
608
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The attorneys don’t have to act together. The POA isn’t registered as I’ve had to obtain a replacement copy which was quite a faff. My step father was managing until
recently and has been reluctant for me to take over. He really doesn’t like spending money and when I’ve tried to put things in place before he simply won’t agree to it.
 

canary

Registered User
Feb 25, 2014
25,453
0
South coast
I would get on and register the POA.
He is neglecting important things. I honestly think that you are just going to have to get on and sort things out without consulting him.
 

Firecatcher

Registered User
Jan 6, 2020
608
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Thank you to everyone who’s replied to my post. I managed to register the POA with the home insurance company this morning. Thankfully their phone lines open at 8am so was able to email the document before I left for work. Have received confirmation this has been accepted. This afternoon I had an appointment cancel at work so was able to use the time to visit the bank. This turned out to be a total nightmare. I have a copy of the original POA. The original document is with my parents solicitor which is 3-4 hours journey away. The bank have pointed out that the OPG haven’t stamped every page and because it’s a copy they may not be able to accept it. I spent two hours at the bank and they’ve completed the paperwork but it’s up to their POA department regarding whether it’s accepted.

I’m exhausted and upset. I just don’t have time or the money to make another long trip and am not sure whether the solicitors would release the original copy anyway. What a nightmare.
 

SAP

Registered User
Feb 18, 2017
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I believe you can but unfortunately this one isn’t a new POA as the document was drawn up in 2019.
This is from a response I got earlier this year when HMRC lost the certified copy of mums LPA.

“The Office of Public Guardian have extended their scheme to obtain an online summary of the LPA for those registered after the 1st January 2016.
To use the LPA online service go to www.gov.uk/use-lpa Once you have created an account by simply entering your email address and an 8 character password of your choice, you will be asked to insert the LPA reference and an “Activation Key”

For LPAs registered on or after 17th July 2020 the Activation Key will appear on the LPA documentation.

For all LPAs registered after 1st January 2016 an activation key can be requested by selecting the option to add an LPA to your account then select "No, I do not have an activation key". After completing your address details the activation key will then be posted to you.

Any problems contact OPG on 0300 456 0300 or email cusomerservices@publicguardian.gov.uk
I did this form my mums LPA , completed and registered in 2017 and now have a code to share with laces that accept this.
 

Firecatcher

Registered User
Jan 6, 2020
608
0
This is from a response I got earlier this year when HMRC lost the certified copy of mums LPA.

“The Office of Public Guardian have extended their scheme to obtain an online summary of the LPA for those registered after the 1st January 2016.
To use the LPA online service go to www.gov.uk/use-lpa Once you have created an account by simply entering your email address and an 8 character password of your choice, you will be asked to insert the LPA reference and an “Activation Key”

For LPAs registered on or after 17th July 2020 the Activation Key will appear on the LPA documentation.

For all LPAs registered after 1st January 2016 an activation key can be requested by selecting the option to add an LPA to your account then select "No, I do not have an activation key". After completing your address details the activation key will then be posted to you.

Any problems contact OPG on 0300 456 0300 or email cusomerservices@publicguardian.gov.uk
I did this form my mums LPA , completed and registered in 2017 and now have a code to share with laces that accept this.
Thank you so much for this. I’ll give it a go.