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New Member. Advice Please. Enduring Power of Attorney

Discussion in 'Welcome and how to use Dementia Talking Point' started by GrannyRobyn, Oct 31, 2015.

  1. GrannyRobyn

    GrannyRobyn Registered User

    Oct 30, 2015
    8
    Lancashire
    Hello everyone,
    I'm new to this forum & looking for some advice with regard to what happens after an Enduring Power of Attorney is registered.
    I was asked by my Aunt (DA) approximately 10 years ago to take on the role of Attorney following her diagnosis of a neurological disease. I was reluctant to take on this role as I thought it would cause distress to her partner, a lovely man with whom she has lived with for many many years. To cut a long story short the relationship between my DA and her partner has deteriorated. My DA's health has declined considerably and so has her mental health. She still has capacity however. DA has started to complain to me that her partner is is trying to get her into a care home. I don't think this is the case as he wouldn't want her to pay the care home fees. I decided to register the EPOA a couple of months ago & it has now been returned to me. I have made an appointment to see an advisor at her bank & wondered what happens next.
    Thanks in advance. X
     
  2. Pickles53

    Pickles53 Registered User

    Feb 25, 2014
    2,482
    Radcliffe on Trent
    #2 Pickles53, Oct 31, 2015
    Last edited: Oct 31, 2015
    You will need to take the original EPOA and proof of your ID but don't let the bank keep the document; they will take their own copy. You will then be able to manage DA's account as if you were her. Banks vary slightly, but you should be able to get a cheque book, debit card etc in your name and access to internet or telephone banking. Arrange for statements and all other correspondence to be sent to your address.

    If there are multiple bank accounts/ savings accounts you will need to repeat this process for each of them. If you have to post the EPOA, again don't send the original. Get a certified copy from a solicitor. (It may be useful to have a few.)

    Keep good records of any spending on DA's behalf and pay as much as possible via direct debit or bank transfer. The less cash you handle the easier it is to keep records accurate.

    Read the OPG guidance about the duties of an attorney and remember you can call the OPG with any queries. If you think that there may be disputes about how money is spent (care fees or not), the principle is simply that you may only spend DA's money in ways which benefit DA (not her partner).

    If DA still has capacity, you may also want to organise a Health and Welfare LPA which would enable you to make decisions about where DA would live if she was no longer able to do so. Worth considering if DA thinks her partner might want to make decisions which she would not be happy with.
     
  3. GrannyRobyn

    GrannyRobyn Registered User

    Oct 30, 2015
    8
    Lancashire
    Thank you for your post Pickles53. Advice much appreciated.

     
  4. GrannyRobyn

    GrannyRobyn Registered User

    Oct 30, 2015
    8
    Lancashire
    Update re: EPOA

    Hello again,
    I made an appointment with my Aunt's bank & registered the EPOA. The EPOA has been placed on the account bearing my Aunt's name (current & savings) however, during the consultation I was informed that my Aunt had a joint account with her partner & the bank would need his permission for the EPOA to go on that account. (He refused)
    Aunt's partner has become very hostile towards me & says he wants my name off the EPOA as he feels he should be the named person. I have seen a different side to his personality since the EPOA was registered & can see why my Aunt entrusted this role to me. I am just monitoring the accounts for the time being as the bank have assured me A's partner cannot touch the savings account. Aunt's mental health is good at present so she doesn't need me to involve myself any further at this stage. I have no doubt that Aunt's partner has been using her debit card as the card was being used (probably with her permission) whilst she was in hospital recently. I really feel for my Aunt as she told me he is constantly mithering her about getting his name on the EPOA.
     
  5. Katrine

    Katrine Registered User

    Jan 20, 2011
    2,852
    England
    If your aunt still has capacity you could talk to the bank about setting up a new account in her sole name with you as managing attorney, with online access. Then she could transfer her share of the funds out of their joint account when she feels she wants to do this.

    If she has income going into the joint account you could gradually get this paid into the solo account instead by writing to the income providers enclosing a certified copy of the EPA. Where she is contributing jointly to utility and insurance bills, these could still be paid from the joint account, with you transferring the appropriate monthly payments into it. Or, if she pays for them entirely, you could again gradually change the DD/SOs to come from her solo account.
     
  6. Beate

    Beate Registered User

    May 21, 2014
    11,495
    Female
    London
    Why would she need capacity for that? Can't the Attorney open an account in her name?
     
  7. Katrine

    Katrine Registered User

    Jan 20, 2011
    2,852
    England
    #7 Katrine, Nov 16, 2015
    Last edited: Nov 17, 2015
    The OP stated that the aunt has capacity. Perhaps my grammar was wrong. Should I have used 'Since your aunt still has capacity' rather than 'If......capacity'? I was suggesting that because the aunt has capacity, her attorney would consult and assist her aunt rather than making unilateral decisions on her behalf. So, I am suggesting that she talks to the bank and gets the application forms or whatever, then reports back to auntie for the go-ahead.

    GrannyRobyn could open an account in her aunt's sole name. Her aunt could decide if she wanted to separate her finances from those of her partner, by means of the extra account. It would take a few weeks or even months to change payment details with all income providers and regular creditors. Surely her aunt would need to be aware of this transitional process, and approve it, even if only to say "Yes, get on with it, do whatever you think is best."
     
  8. GrannyRobyn

    GrannyRobyn Registered User

    Oct 30, 2015
    8
    Lancashire
    Money being moved from account protected by EPOA.

    Hello again,
    Thank you for the replies to my post. I just thought I'd provide an update with regard to recent events.

    My Aunt has a private current account where her various pensions & interest from investments are paid. All her Direct Debits & all the household expenses are paid out from this account also.

    Aunt's partner has his own investments & income but according to Aunty pays nothing towards the living expenses.

    As previously stated my Aunt has a joint account with her partner but he has refused, understandably, to allow the EPOA to be placed on this particular account.

    I have been monitoring my Aunt's current account in accordance with my duties as EPOA & have noticed a substantial transfer of funds which took place today. I suspect my Aunt's partner has taken her to the bank & asked her to move the money to the joint account. Aunt still has capacity to do this of course but I am concerned that Aunty is being put under pressure to avoid the authority on the account. I am working away from home at the moment so won't be able to speak to her in private.


    My husband wants me to have my name removed from the EPOA as it looks as if Aunty doesn't want me to act in this capacity given her recent transfer of funds. I have to say I now feel that my Aunt doesn't trust me so maybe I should have my name removed from the EPOA. I can't bear the thought of her thinking she has to move money fearing I would want it. Nothing could be further from the truth.
     

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