Jittery about registering EPA

jenniferpa

Registered User
Jun 27, 2006
39,442
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Michael E said:
The paitient does not have to agree to the registration.... They have agreed to the POA when they signed so it can be registered at any time without further reference to the paitient.. Who has now 'lost it'.

That's not entirely true - the donor has to be notified at the time of registration, at which point they have the same rights to object as any of the other individuals you notify. For most people that's probably not going to be an issue, but I can see some circumstances where someone who is intermittently lucid might take issue with it. It wouldn't necessarilly have an effect on the outcome but the possibility is there.
 

Tender Face

Account Closed
Mar 14, 2006
5,379
0
NW England
jenniferpa said:
That's not entirely true - the donor has to be notified at the time of registration, at which point they have the same rights to object as any of the other individuals you notify. For most people that's probably not going to be an issue, but I can see some circumstances where someone who is intermittently lucid might take issue with it. It wouldn't necessarilly have an effect on the outcome but the possibility is there.

Thank you! Thank you! Thank you! You know exactly where I am coming from....

For me to have to tell mum that I am planning to register the EPA is the worst bit - the admin and paperwork doesn't bother me - it's just another job on top of being 'head cook and bottle washer' .........

When I mooted it first to mum, I got 'Let's just get it sorted' ..... minutes later I get the feisty independence that she is perfectly able ... (like able to disclose her PIN number which she thinks is a good thing because it's something she can remember :( ... it's that 'intermittently lucid' bit which is the problem - and which SHE needs protection from - one day she might watch the FTSE index, the next she can't count to ten..... Aside from minor details (!) like she can't see well, can't hear well and if someone is nice to her will go along with anything.......

My jitters are nothing to do with the basic admin of registering - it's the emotional fallout..... and denying her yet another piece of indepedence ... and battling with 'is this protecting?' - when it's ME has to spell out to her how incapable she has become ..... how do I protect her finances without protecting her best mental well-being and confidence? How do I take cards away from her - even if she's forgotten how to use them ...????? She has so much pride in her purse - even if she can't remember where she's put it.....

The way things are going... I feel it's me as POA that needs the Court of Protection...... I wouldn't dream of paying a solicitor/lawyer if I didn't think I need them and am quite capable of filling out a form..... BUT..... family issues being as they are .... it is not an issue of huge amounts of money but principles at stake.....

As it is, I'm going along with her 'whims' and some of her spending but leaving mum vulnerable..... and in doing so, leaving myself open to question.....

Why does it all feel like some kind of betrayal....????

Karen
 

jenniferpa

Registered User
Jun 27, 2006
39,442
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Tough isn't it? Pins and such are not such a problem for us - my mother never ever used her cashcard, and the pins on credit cards only came in after she had her strokes so the chances of her remembering them are zero - also the fact that I've got all of them here with me is somewhat limiting! I really should register her EPA, but my issue is that I would like to be there to explain it when the notification arrives - I can explain before and after and she won't take issue with it (the only thing she finds slightly interesting about finances now is when she gets notification that she's won on the premium bonds) but she will find it distressing. Does anyone know what the envelope looks like? If I could identify it, I would get her care manager to be with her when she opened it and be on the phone at the same time so I could explain (again) what's going on. Also the CM can make sure it's put away, otherwise she'll pick it up again, look at it, and we'll have to go through the whole darn thing again.

Jennifer
 

Brucie

Registered User
Jan 31, 2004
12,413
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near London
Does anyone know what the envelope looks like?
All that came for us was the returned, officially stamped EPA that I had sent to the Court of Protection.

There was no other paperwork involved, certainly nothing that would have been addressed to my wife.

Someone does need to receive the registered EPA however - the CoP does not hold it - the Attorney does.
 

jenniferpa

Registered User
Jun 27, 2006
39,442
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I sort of assumed that it could be sent directly to me in the US - I'll have to check that. Having gone through it, Bruce, could you clarify something for me? I imagine that as it was for your spouse, you simply informed her that you were doing it, rather than sending written notification (the form on the Guardianship site simply says they must be informed in person, not that it has to be written). I see from re-reading it that it is up to the attourney to send the notifications, rather than the court which I had assumed to be the case. That makes it considerably easier for me - I can send a letter enclosed in another letter to make sure that mummy has someone there when it's given to her.

I think both Karen and I assumed that the donor was officially notified by the court, but this does not seem to be the case. Am I correct about this?

Jennifer

Oh $%^%%^*^%^! I do not see how I can fill out the form on the website with a US address - I'll have to call them on Monday.
 
Last edited:

Brucie

Registered User
Jan 31, 2004
12,413
0
near London
you simply informed her that you were doing it
Perhaps i'm not a good example to take as, while Jan is an early onset sufferer, she advanced in her condition really quickly. I waited until something needed to happen before registering the EPA - in our case it was the need to sell the house and move somewhere less expensive and smaller.

That was when I registered the EPA. There was relly no point in my even trying to tell her about it as, by that time, her comprehension, sight and speech had pretty much gone.

I've always been a 'do things at the last minute' person. We only just managed to get the original EPA signed by Jan, in the presence of our solicitor, before, a few weeks later, she could not have done so.

I assumed that the donor was officially notified by the court, but this does not seem to be the case. Am I correct about this?
That is what I believe to be true.

I'll have to call them on Monday
The person I spoke to on the Guardianship help line at the time I wanted to register the EPA was hugely helpful.
 

DickG

Registered User
Feb 26, 2006
558
0
88
Stow-on-the-Wold
Hi Karen

A word of warning form the solicitor who advised me on the EPA for my neighbour, do not place total trust in solicitors! As he said me they are just like any other business men/women, they are out to make money. At the end of the day - caveat emptor.

Dick
 

ludwig

Registered User
Feb 8, 2006
28
0
Karen,
I've had an EPA for my Mum for about 18 months. I set it up myself using the standard forms as previous in this thread. The banks and Building Societies were very good, although I worked with a barrister who could authorise copies easily so that helped. Supplying the documentation to get access was a bit of a rigmarole though.
I even have access to my Mums Barclays account on line as well as my own. Only the Alliance & Leicester were a pain where I opened a further newer internet account for her (higher interest) but they refused to use the same documentation as logged for her first one. My reading was they made it as difficult as possible for me to get the higher interest so I didn't bother.

Mum is getting worse and is clearly mentally incapable now so I'm looking at registration (probably should have done it some time ago but were closer to a home now, so may have to sell the house) the local solicitor wants £400 but looking at the website as advised, I think I can do it myself at £120.

Its horrible, but you have to do whats best.

Keep smiling
Ludwig:)
 

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