I'm a new member.....[24june2015]

johnfjallen

Registered User
Jun 24, 2015
7
0
Hello,
My name is John. My 86 year old Mother has just been diagnosed with dementia. My brother & I are attorneys on her EPA [written in the year 2000] and her LPA [written 2013].
Any help we can get will be useful [no matter how seemingly trivial!]
Thanks,
John :rolleyes:
 

Grannie G

Volunteer Moderator
Apr 3, 2006
81,679
0
Kent
Hello John

Welcome to Talking Point.

Just let people know where the difficulties lie and I`m sure you`ll get lots of support.
 

nitram

Registered User
Apr 6, 2011
30,226
0
Bury
"Any help we can get will be useful [no matter how seemingly trivial!]"

If you post with specific queries you will get plenty of answers.

However

" My brother & I are attorneys on her EPA [written in the year 2000] and her LPA [written 2013]."

If the EPA is not registered with the OPG it can be used as long as your Mother retains capacity and it does not contain a clause preventing it's use with a capable donor.

If the EPA is registered it can be used if the donor looses capacity.

If the LPA is for Property and Financial Affairs the EPA should have been declared and revoked.when the LPA was registered.

If the LPA is for Health and Welfare it can be used in conjunction with the EPA
 
Last edited:

Roses40

Registered User
Jan 25, 2015
473
0
manchester
Nitram has addressed a legal point.
If you have questions, experienced people would be happy to share their knowledge. Love Rosex
 

Pickles53

Registered User
Feb 25, 2014
2,474
0
Radcliffe on Trent
"Any help we can get will be useful [no matter how seemingly trivial!]"

If you post with specific queries you will get plenty of answers.

However

" My brother & I are attorneys on her EPA [written in the year 2000] and her LPA [written 2013]."

If the EPA is not registered with the OPG it cannot be used.

If the EPA is registered it can be used except that if the LPA is for Property and Financial Affairs the EPA should have been declared and revoked.

If the LPA is for Health and Welfare it can be used in conjunction with the registered EPA

My mother's banks all accepted that I could manage her affairs with her consent before the EPOA was registered. I applied for registration when it became clear that she was losing capacity. This seems to be in line with the official guidance.


https://www.gov.uk/government/uploa...287864/EPA101_Guidance_apply_register_EPA.pdf
 

johnfjallen

Registered User
Jun 24, 2015
7
0
Thanks, Grannie G.....

Welcome to Talking Point.

Just let people know where the difficulties lie and I`m sure you`ll get lots of support.



....you are so right - there's always someone worse off than you. Always look for and seek out the positives - I do! :)
 

johnfjallen

Registered User
Jun 24, 2015
7
0
Thanks Rose.....

Nitram has addressed a legal point.
If you have questions, experienced people would be happy to share their knowledge. Love Rosex

...I do have some "technical" or possibly "legal" questions - I'll add them to Talking Point. John.
 

johnfjallen

Registered User
Jun 24, 2015
7
0
Thanks Piickes53....

My mother's banks all accepted that I could manage her affairs with her consent before the EPOA was registered. I applied for registration when it became clear that she was losing capacity. This seems to be in line with the official guidance.




....our EPA is for "finance" & is not registered as my Mother is mentally coherent, the LPA is registered and is for her "health" issues. Both are in-use. I had difficulty persuading the Post Office & now NS&I that the EPA does not need to be registered to be valid. This leaflet was very useful "Guidance for people wanting to manage a bank account for someone else" which is on the bba website :cool:
 

johnfjallen

Registered User
Jun 24, 2015
7
0
Advance Directive.

Hello,
My Mother's strong wish is not to have her life prolonged when the ravages of dementia become overwhelming [what ever "overwhelming" is and when it's reached]. Can anyone suggest any wording to include in her Advance Directive or where I can find some help with wording?
thanks,
John :confused:
 

nitram

Registered User
Apr 6, 2011
30,226
0
Bury

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johnfjallen

Registered User
Jun 24, 2015
7
0
Thanks!

Hello,
My Mother's strong wish is not to have her life prolonged when the ravages of dementia become overwhelming [what ever "overwhelming" is and when it's reached]. Can anyone suggest any wording to include in her Advance Directive or where I can find some help with wording?
thanks,
John :confused:

Thanks NITRAM.
 

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