Ordinary (England & wales) / General (Scotland & NI) power of attorney

[Chemmy]

As some of you may recall, my OH set up an ordinary POA for his mum back in April when she first had a fall and ended up in hospital. He has applied for an LPA but this is still somewhere in the OPG pipeline.

The OPA has been invaluable in the interim. He now has control of her bank accounts, and has been able to instruct the estate agent to put the house on the market and appoint a solicitor. All have been happy to accept the OPA.

It is a very simple procedure: a one page form downloaded from the WH Smith site (cost about a tenner) MIL signed it and a nurse at the hospital witnessed it. ..job done. It can obviously only be used where there is no doubt of mental capacity, and is not a long term substitute for an LPA, but should certainly be considered as a simple temporary solution - either in the very early stages or perhaps if a non-dementia parent falls ill.

 

[Norfolkgirl]

As some of you may recall, my OH set up an ordinary POA for his mum back in April when she first had a fall and ended up in hospital. He has applied for an LPA but this is still somewhere in the OPG pipeline.

The OPA has been invaluable in the interim. He now has control of her bank accounts, and has been able to instruct the estate agent to put the house on the market and appoint a solicitor. All have been happy to accept the OPA.

It is a very simple procedure: a one page form downloaded from the WH Smith site (cost about a tenner) MIL signed it and a nurse at the hospital witnessed it. ..job done. It can obviously only be used where there is no doubt of mental capacity, and is not a long term substitute for an LPA, but should certainly be considered as a simple temporary solution - either in the very early stages or perhaps if a non-dementia parent falls ill.

Thanks for your interesting experience. In your opinion, would you consider that an OPA be temporary for, say, 10 months, before any LPA is even in the pipeline? (your opinion for my own purposes).

 

[nitram]

Unless the power contains a clause limiting how long it can be used it's valid until the donor revokes it, dies, or looses capacity.
An OPA does not endure (EPA) or last (LPA) if the donor losses capacity.

 

[sue38]

There can be a problem if an OPA is more than 12 months old, and cannot always be used for the sale of jointly owned property, so it's as well to seek legal advice.

But otherwise I agree they can be a useful temporary measure where action needs to be taken urgently, and whilst the OPG timescales are getting worse not better.