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poa and how to go about it

Discussion in 'Legal and financial issues' started by jeanierec, Jun 8, 2007.

  1. jeanierec

    jeanierec Registered User

    May 7, 2007
    121
    north yorkshire
    Hi

    Don`t know if anyone can advise me , Mum has agreed for us to set up poa and I wondered if when making an appointment with a solicitor ( I`ve yet to find one )
    whether I should disclose Mums condition or just say she has memory problems , obviously as she doesn`t know of her condition I don`t want it mentioned during the time she spends with the solicitor answering questions on her own.

    Is it in order do you think for me to ask to speak to the solicitor in advance of our visit , mums been so fab about this I don`t want anything to spoil the process.

    Thankyou for any advice you may have for me

    Jeanie x
     
  2. CraigC

    CraigC Registered User

    Mar 21, 2003
    6,630
    London
    Hi Jean,

    Do you mean EPA? Usually and EPA is set up and then registered at a later date when it becomes a full POA? Hopefully someone will correct me if I'm wrong, if not take a look at the following factsheet.

    http://www.alzheimers.org.uk/After_diagnosis/Sorting_out_your_money/info_epa.htm

    Once the EPA is typed up. The solicitor should sit with your mum on her own for a few minutes just to makes sure that your mother understand what she is signing. Our solicitor was brilliant and even though dad was at the very early stages of alzheimers, he understood the consequences of the EPA as the solicitor took plenty of time to carefully expain it before he signed.

    Just make sure you pick a good solicitor who has done this before and understands how delicate the situation is.
    Personally, I'd be totally open with the solicitor, they should alway consider your mother's best interest.

    Kind Regards and good luck
    Craig
     
  3. Grannie G

    Grannie G Volunteer Moderator

    Apr 3, 2006
    69,583
    Kent
    Hi Jeanie,

    Through my Carer`s Voice Support Group, I was given names of local solicitors who had given their names to MIND, as being able to communicate with people with Alzheimers and Dementia, for the purpose of drawing up Wills and EPAs.

    I went to see the solicitor by myself, to ensure he knew our background. He wanted a letter from my husband`s consultant to state he believed my husband understands the meaning of a POA/EPA. This is now being processed.
     
  4. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,439
    My experience was almost exactly the same as Craig's, even though we didn't "know" the solicitor before hand.

    I would say this, however. At the time we had it drawn up, I had no idea that it was possible to download the forms from the Public Guardianship site. Now it our siutation I think that route would have been fine: I am my mother's only child, and the rest of the family are dead, so there is no one to potentially take issue with the subsquent filing. I definitely think it would be worth having a solicitor draw it up should there be anyone around who might eventually contest it, but it our case, I do think it was a (bit) of a waste of money to go this route. You have to go with what your comfortable with though.

    Jennifer
     
  5. jeanierec

    jeanierec Registered User

    May 7, 2007
    121
    north yorkshire
    Thankyou for your advice , its so nice to know that there is always someone around to give support and also offer practical help.

    Having a bad couple of days with Mum , her psychiatrist came yesterday and upped the dose of the tablets which is a good thing but of course anything different causes more confusion and added to that I found her eye drops in the fridge unopened since they were prescribed in January, she has Glaucoma and obviously hasn`t been using the drops so I`ve explained to the eye clinic and they`re fitting her in on Wednesday .

    Just hope she`s not done any damage ,I dont know why I didn`t think this might happen ,if I`d been more on the ball .........oh well I`ll wait and see.

    She`s really upset with herself and ringing constantly then crying that she never meant to be a burden I reassure her that she isn`t , I`m just hoping that she`ll settle down again in a few days.

    A friend of hers is taking her out tomorrow and although I`d told her that Mum was having problems with her memory she`s told me that Mum has repeatedly phoned her this morning asking the same questions over and over , she couldn`t get hold of me `cos I`d taken my daughter to the station so rang Joyce instead , so I had to come clean to Joyce about the Alzheimers.

    Problem is Mum is so scared of anyone knowing that she gets confused that she makes me promise I won`t tell anyone without realising that she`s blowing her own cover if you see what I mean.

    Sorry for going on only meant to say thankyou .

    Jeanie x

    ps Danny gone to Edinburgh for a long weekend with the lads ( average age 50 + )golfing and already I miss him so much.......he only left at 7.45 am !

    So I`m on the lookout for a part time virtual surrogate partner who`ll share
    that bottle of wine with me when the sun is over the yardarm ,either sex welcome to apply as I just want a shoulder to cry on not the whole package !!!
     
  6. Skye

    Skye Registered User

    Aug 29, 2006
    17,000
    SW Scotland
    Hi Jeannie, will I do? Wrong sex, too old, but well-padded shoulder available at any time. I'll even bring my own wine.

    See you in Tea Room later.

    Love and hugs,
     
  7. sue38

    sue38 Registered User

    Mar 6, 2007
    10,856
    Wigan, Lancs
    Hi Jeannie,

    Sorry I'm a bit late catching up with this thread.

    Craig, an EPA is an EPA whether registered or not. You can use an EPA without it being registered so long as the donor is still mentally capable. When they become mentally incapable you have a duty to register but it is still an EPA and has no greater legal significance. (Some financial institutions refuse to accept unregistered EPA's but they have no basis in law for this). Is this what you meant.

    Jeannie if you do decide to use a solicitor I would tell the solicitor that your Mum has AD (obviously not in front of your Mum). If the EPA is ever questioned in the future and the solicitor is asked 'Did you know that Mrs. X had AD when she executed this document?' and has to answer 'No, I didn't realise that' it will be pretty easy to discredit him. If however you do tell him, he will probably take more care in assessing your Mum's ability to understand the document and can say that he made a judgement in full possession of the facts. He may also, like Grannie G' solicitor, suggest a report from the Consultant to make the thing watertight.


    Sue
     
  8. Ashburton

    Ashburton Registered User

    Feb 19, 2007
    99
    When my mum was diagnosed with AD, we never registered an EPA/POA, she is now at the stage where she would not be capable of understanding or even signing forms. Was I obliged to do it at the time? We have joint accounts/Investments and as such there are no practical problems? Suppose I am wondering if I am obliged to do anything. Tks.
     
  9. Michael E

    Michael E Registered User

    Apr 14, 2005
    619
    Male
    Ronda Spain
    Sue knows more than me but I am certain there is no obligation to have an EPA at all.

    Although I have one and it is registered, I have not used it at all with normal domestic things... Our bank accounts are joint and the services like gas telephone electricity are really only interested in getting paid... There appears to me to be very little you cannot do on behalf of the AD person EXCEPT major financial transactions like property where it really is essential.. If you need to get into that are there are other means of getting permission.

    Notwithstanding the above I am certain one of the most important things to do when somebody is diagnosed with AD is to get EPA over their affairs even if you hardly need to use it... It will make life easier in the long run and perhaps even become the most important bit of paper in your life.... Enabling you to look after them...
     
  10. Brucie

    Brucie Registered User

    Jan 31, 2004
    12,413
    near London
    I'm not sure, really. Certainly there is no obligation as long as you have no dealings with the other person's finances.

    If you do have any dealings, then I believe the EPA is required to give those legality and accountability - and to protect the person who is the attorney, either in effect or in reality.

    I believe the EPA is there not as a chore or hindrance, but as a help, both for the person, but also for the attorney, to underline that there are responsibilities, and what they are.

    If no EPA were made, and at a later stage someone - whoever - questioned the use of funds, then it would be very difficult if accounts had not been kept, to justify use of funds.
     
  11. Ashburton

    Ashburton Registered User

    Feb 19, 2007
    99
    Thanks for replies, I suppose at the time my mum was diagnosed we should have done an EPA, but I didn't realise at the time, no one ever mentioned it, to be honest I knew little or nothing about AD, my dad passed away a couple of weeks after my mum was diagnosed and I suppose the practicalities did not really cross my mind.
    To be honest I am still confused if I am doing anything wrong, as said we have joint accounts and investments. I am my mums full time carer and as such still live at home, so day to day expenses come from our joint accounts, if we go on holiday it comes from our joint accounts. The rest of my mums family ie. brothers and sisters know this. But technically if our living expenses come from joint accounts this is having something to do with my mums finances.
     
  12. Brucie

    Brucie Registered User

    Jan 31, 2004
    12,413
    near London
    why not give the Alzheimer's Society Help Line legal person a call and get their view?

    Callers speak to trained helpline advisers. Calls to the helpline are confidential and callers do not have to give their name.

    BT landline calls to 0845 numbers cost no more than 4 pence per minute; calls made from mobiles usually cost more.

    The helpline is usually open from 8.30am to 6.30pm Monday to Friday.

    The number to dial is 0845 300 0336
     
  13. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,439
    Ashburton - I take it from what you say that it's not a case of registering a drawn up EPA, it is that you never had an EPA drawn up in the first place? In that case, provided you're legally entitled to operate these accounts from the banks POV I don't believe that you are doing anything wrong. The issue would be if you had "fudged" (e.g. by using your mothers card and pin) access to those accounts: then you might have problems. In that situation your only option would be to apply for receivership.
     
  14. Ashburton

    Ashburton Registered User

    Feb 19, 2007
    99

    Thanks to everyone for replies, my mum does have her own seperate bank account that has not been touched, Obviously I want to do everything right and suppose when reading this message board and seeing most people have set up an EPA, thought that I might have done something wrong, again thanks for replies.
     
  15. sue38

    sue38 Registered User

    Mar 6, 2007
    10,856
    Wigan, Lancs
    For a joint account, which is operated on either signature, you don't need an EPA. Putting an account in joint names might seem the ideal way to avoid using an EPA, however, most banks will on the death of one joint owner assume that the other is entitled to the balance of the account. OK maybe with spouses but may cause problems with children.

    Sue
     
  16. Ashburton

    Ashburton Registered User

    Feb 19, 2007
    99

    Thanks Sue :)
     

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