Newbie - query about power of attorney

Discussion in 'ARCHIVE FORUM: Support discussions' started by missie, Jan 20, 2007.

  1. missie

    missie Registered User

    Jan 20, 2007
    2
    My FIL has recently been diagnosed with alzheimers and we were advised by the consultant to sort out a power of attorney. We are a little concerned as we fear his dementia may be too far progressed for him to fully understand. What happens if the solicitor thinks he does not understand the power of attorney who looks after his financial affairs then?
    Thank you for any help
     
  2. connie

    connie Registered User

    Mar 7, 2004
    9,519
    Frinton-on-Sea
    Missie, I think, and its only my thoughts, that the court can put in a Receiver to sort out the due processes. However it is always worth trying to set up the EPA, and with a helpful solicitor, it can be done.

    This is one of those things that should never, ever be put off.
    Go ahead, see what happens, you masy be surprised. You will not be worse off.
    (Only my own opinion) of course.
     
  3. Tender Face

    Tender Face Account Closed

    Mar 14, 2006
    5,379
    NW England
    Yikes!

    Receivership is a whole different ball game to POA/EPA ... can someone please get a link in here quicker than I before we get even more alarm bells going for those already have them ringing in their ears.......

    Thanks, Karen, x
     
  4. Tender Face

    Tender Face Account Closed

    Mar 14, 2006
    5,379
    NW England
  5. kindheart

    kindheart Registered User

    Jan 18, 2007
    39
    Hi missie

    Ok sorry to her FIL diagonise with AD. Power of attorney (POA) or Enduring power of attorney (epa) can only be enacted ie put into force if the person bestowing the power ie the carered for person in your case your FIL can understand the document he is signing (he has to sign to enorse the POA or EPA)

    Otherwise you will have to apply to the court to become a reciever, this is not a difficult process do not be put off.

    hope this helps
     
  6. Tender Face

    Tender Face Account Closed

    Mar 14, 2006
    5,379
    NW England
    #6 Tender Face, Jan 21, 2007
    Last edited: Jan 21, 2007
    More alarm bells .....

    (Think I need some help here.... either that or sleep!)

    But can I say one thing has has been repeated to me over many months on TP and for which I am grateful - no-one here is 'qualified' (medically or in this scenario legally) to give advice other than 'how it is/was' individually ... a few 'Hang on ... have you thought about this .....? (from which I still learning big-time) .... are brilliant .... the links to government sites.... brilliant .... the need for solicitors or not - a matter of opinion - the difference between a POA and EPA not to mention the difference between a registered or unregistered EPA ...... something anyone of us here probably never thought we'd have to worry about ...... talk of Receivership even less common ... 'bestowing a power' and then the responsibility for 'putting it into force', for example, are two completely different things ....

    Missie, sorry if this is not helping you directly ..... there have been a number of threads on EPA recently (Have you tried the 'Search' facility'?) ... starting to think it might be a good idea to suggest some thoughts are collated .....

    Love, Karen, x
     
  7. missie

    missie Registered User

    Jan 20, 2007
    2
    Thank you for all of your help. I do understand a little more of the process and will obviously need to get some legal advice urgently
    Sally
     
  8. Michael E

    Michael E Registered User

    Apr 14, 2005
    619
    Male
    Ronda Spain
    Missi hi,

    An awful lot of people, myself included, have created Power of Attorney and Enduring Power of Attorney without resorting to a solicitor. If you go to the web site www.guardianship.gov.uk and click on the links you will find the entire system is set up for family members to be able to help their 'loved ones' create POA themselves. The Officials on the help line are understanding and friendly and will send you a pack of the very simple forms and detailed instructions on how to complete them....

    All that is required is for you and ONE witness to 'believe' that at the moment of signing (however wobbly and dodgy the signature) the patient 'understands' they are giving you the authority to act on their behalf... Not too difficult I would have thought? Solicitors muddy the waters, are to some extent self interested and do not actually know what the patient was like before so how can they judge if they are sane or not - how can anybody judge at that very precise moment when they sign?

    Try that route before you go off on 'legal quests'. It is simple and was all designed by the government for people to do without involving lawyers...

    Michael
     
  9. bagrat

    bagrat Registered User

    Nov 22, 2006
    13
    I don't think my FIL would have ever agreed to Enduring Power of Attorney without the help of a solicitor. He was known to FIL and explained things so well that my husband was able (at last!!) to help sort out the piles of unopened mail and get house insurance etc up to date.
     

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