Poa & Epa

panda

Registered User
Apr 16, 2006
88
0
Surrey
I need some advice again, sorry it seems to be the only thing i do on this site. Mum is in hospital at the moment and she is not happy, she is telling every one how evil I am while telling them not to tell me what she is saying because I will not go pick her up when she is told she can go home. I think they have given her something to calm her down as she appears more slurred in her speach and movement. probably to wean her off the drink !! My problem is I have been going to her banks to show them the POA that Mum signed last summer,The social worker said I have to do that now. (I have been putting it off hoping Mum would suddenly get better ) The banks Halifax and Alliance & Leicester have been great by the way. BUT I have also been told that once that bit is sorted out I need to get a solicitor to register and get an EPA. On reading other posts on this site I realise that when I do that what I have done with the banks will not count and on top of that things change at the end of this month. Oh my god have I stupidly left it all to late has any one got some advice for me. Also what is my very angry mum going to say when she finds out this bit when she still thinks she is ok even though she is one of the less able patients on the ward this year HELP !!
 

Grannie G

Volunteer Moderator
Apr 3, 2006
81,452
0
Kent
Dear Panda,
I wish I could help but I`m still not sure myself of all the `ins and outs`

I hope someone comes onto TP soon who can give you the right answer, as it seems to be a minefield.

While your mum is still in hospital, you will probably be able to get it all sorted, so don`t panic yet.

You could always make an appointment now, to see the solicitor. Really information regarding your individual circumstances is better coming straight from the horse`s mouth. I think that`s what I`d do.

With love
 

Brucie

Registered User
Jan 31, 2004
12,413
0
near London
Hi Panda

why not call the Alzheimer's Society Help Line and ask for the specialist legal person there.

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

The number to dial is 0845 300 0336

You can also call the Public Guardianship office and call the EPA Help line - I know from personal experience that they are extremely helpful.

EPA Helpline: 020 7664 7327 or 0845 330 2963 (UK only)

Given the time issues, try calling both the numbers as soon as you can so you have maximum information.

A solicitor is not required but may prove helpful [or not! some are more of a hindrance] in view of timing.
 

panda

Registered User
Apr 16, 2006
88
0
Surrey
Thank you I will try that now as I have a morning off, my other problem is finding time for all of this as I work full time and I also have a disabled daughter who takes up a lot of my time and most of my energy. My poor youngest daughter has been waiting for me to book her an eye test for weeks because every spare moment I get I am trying to help Mum.
 

Brucie

Registered User
Jan 31, 2004
12,413
0
near London
In my experience, the worry of getting these things sorted out is a drain on energy for sorting out other things.

Once the EPA task is in hand it will be off your mind, and this is one thing that has a time limit on it.
 

sue38

Registered User
Mar 6, 2007
10,849
0
55
Wigan, Lancs
Hi Panda,

Have only just caught up with this thread and hopefully you will have got the answers you need but if not the following may help:

A 'normal Power of Attorney is not usually used for the elderly or people who it is feared may not be able to manage their affairs in the future but for people who cannot sign for practical reasons for example people who are out of the country.

An Enduring Power of Attorney is usually prepared in cases such as yours.Provided your Mum has signed as Enduring Power of Attorney then you have done all you need to do by the 30th March.

You may recall that you signed the EPA agreeing to act as your mum's attorney and agreeing to register the power with the Court of Protection if your mum became or was becoming mentally incapable of managing her affairs. If that time has come then strictly speaking you should register it but you do not need to do this before the 30th March.

If you have produced the EPA to the bank you will not need to produce it again after registration.

Sue
 

sue38

Registered User
Mar 6, 2007
10,849
0
55
Wigan, Lancs
Just checked the Public Guardianship web site and it seems date for doing an existing EPA has been moved to October 2007

Sue
 

Tender Face

Account Closed
Mar 14, 2006
5,379
0
NW England
Sorry to be a sceptic here Sue, but my mother's bank certainly didn't know that - and I went thru HELL with them - in fact I had a job on to convince them the original 'certified as registered with COP EPA document' was not for THEIR safekeeping!!!! (Still waiting on a response to my written complaint to HO about the handling of the affair) ...

Panda, sorry - I say that not to scare you - but to encourage you to seek the advice been wisely suggested here and don't take any nonsense from bankers who probably know an awful lot less than you do already!!!!! - easy to say when you're stressed and worried, I know .... If they start telling you anything you're not happy with - ask them have they clarified it with their Legal Dept .... had I had the guts to do that 'early days' I may not have had the subsequent mess (of their creation) to sort out afterwards ....

Panda, identify with so much of what you're saying .... (including this isn't really happening and one day mum's gonna be alright after all :eek: ) .... I was printing off letters re EPA at 3am one morning as it seemed the only time I had to do it ...

Can you just take a tiny 'time-out' to plan out what time you need to dedicate to who and what in your family (and include yourself in that)? Any decent employer should see a need for compassionate/carer's leave .... while you sort things out .... my GP actually signed me off on 'sick leave' twelve months ago just to give me 'breathing space' before I went under myself ....

Sorry, that turned into a ramble, hope something in there helps,

Good luck with it .... and look after yourself, too

Love, Karen, x
 

Grannie G

Volunteer Moderator
Apr 3, 2006
81,452
0
Kent
Once again Sue thank you.

I was a bit concerned about the March 30th deadline, especially as my solicitor hadn`t mentioned it, even though I`d told him we were going away. October will be much more convenient.
 

Tender Face

Account Closed
Mar 14, 2006
5,379
0
NW England
Hiya Sue

Just a thought on this 'deadline' in case other people reading this are worried .... the deadline applies to drawing up an EPA - not registering it? Presumably - if an EPA was drawn up in, say 1994, it could still be registered with COP at any time subsequent to the new legislation?

Karen
 

sue38

Registered User
Mar 6, 2007
10,849
0
55
Wigan, Lancs
Dear Karen,

You don't need to tell me how difficult banks can be to deal with!! I regularly have to remind banks that the Laws of the Land, to my knowledge, still have precedence over what it says in their procedures manual:rolleyes:

Having said that my Dad has discovered he get money out of his account by presenting his cash card at the local branch ( he can no longer cope with cash machines). This is now his daily hobby, going to the bank and getting £30 or so out. He feels he he still has some independence which is good. The bank rang my mum today to check that nobody was forcing him to get the money out, which she thought was kind.

Good advice to stick to your guns if the Bank is being difficult and ask them to refer to their Legal Department. Still it's one more hassle you don't need.

Sue x
 

sue38

Registered User
Mar 6, 2007
10,849
0
55
Wigan, Lancs
Hi Karen,

Yes that's right. As long as the EPA is SIGNED by the deadline, which now appears to be October, there is no problem.

Sue
 

Tender Face

Account Closed
Mar 14, 2006
5,379
0
NW England
sue38 said:
You don't need to tell me how difficult banks can be to deal with!! I regularly have to remind banks that the Laws of the Land, to my knowledge, still have precedence over what it says in their procedures manual:rolleyes:

:D Love it, Sue! I hope you're getting as much support here as you're giving .... You're a star but I hope you don't feel you have to wear your 'professional hat' all the time ...

This is what makes me despair for carers .... Panda, 'Yours truly' etc etc simply do not need the hassle of 'battling' what should be straightforward administrative tasks in the great scheme of 'caring' ...... so sad that so many in the 'corporate' see just black and white - whilst those on the front line are learning to deal with varying shades of grey ... (aka a human touch!)

Love, Karen, x

(PS: Nice one your dad - love it when there is still some feisty bit of independence that can be managed for everyone's benefit! :) )
 

sue38

Registered User
Mar 6, 2007
10,849
0
55
Wigan, Lancs
Hi Karen,

The support I get from the advice of others who have been dealing with AD for so much longer than me....if I can give just a little bit back!:)

Sue xx
 

panda

Registered User
Apr 16, 2006
88
0
Surrey
Thank you so much the October date makes me feel like I can now take a breath and take some time to find out what has to be done next. Mum is sill asking when she can go home, I still do not know what the doctors will say. We have a meeting next Monday I am hoping things will be a bit clearer then. I do not know how I would of coped with all of this with out the support from all of you
 

Grannie G

Volunteer Moderator
Apr 3, 2006
81,452
0
Kent
Poa & Epoa

There is so much confusion about both POA and EPOA, at times when people are already under a great deal of stress.

The last thing in the world someone wants to hear, following a diagnosis of AD, is advice to take out a POA for when they become mentally incabable of making a decision.

Would it be helpful if Solicitors, when approached to arrange Wills; with married couples, suggest mutual POAs, and with single people, suggest basic POAs, that could be included in the documents, at the same time.

I feel it might save so much upset in the furture.
 

jenniferpa

Registered User
Jun 27, 2006
39,442
0
Oh yes, Sylvia, that's very true. I suppose the only problem is that, as they say, this is a potentially very powerful document and you'd have to be certain that the person appointed would still be appropriate many years down the line. I can see people signing these and effectively forgetting about them: that could cause some pretty tangles, paricularly as they remain "possibly" effective until revoked. Mind you, that's no different to wills I suppose (although even marriage doesn't invalidate an EPA).

Jennifer
 

Grannie G

Volunteer Moderator
Apr 3, 2006
81,452
0
Kent
Hi jennifer, I accept there could be many loopholes, but surely our legal advisers could come up with something which could save a lot of angst in the eventuality of a person becoming unfit to sign.
 

Tender Face

Account Closed
Mar 14, 2006
5,379
0
NW England
Hi Sylvia - agree entirely with your sentiments ....

However ...... it doesn't help those people who do not approach solicitors (and let's face it - most people don't unless they have to and that's usually at a time of stress for some other reason - nothing against solicitors of course!!!! :) Even when will-making we are faced with our own morbidity - to have it suggested how we might meet our end???? (I recall my solicitor saying I hadn't covered for the eventuality of ALL of us dying together in a crash :eek: imagine how that lifted my mood for the rest of that week!)

Jennifer, in terms of appropriateness of the person appointed, you're absolutely right ..... I have one very able friend who has drawn up an EPA several times and revoked it regularly .... 'just to keep his family and friends on their toes'!!!!!:D

What I find MORE worrying about the situation is that some people are NOT advised about EPA by the medical profession when there are even mootings of a potential dementia diagnosis ..... I think that has been evident amongst the membership here over a period of time - and certainly in my case I would never have known to arrange an EPA 'in time' had it not been for happening upon TP ....

Much food for thought, Sylvia. Thanks .... another issue for 'Raising Awareness'...???

Love, Karen, x
 

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