POA vs Controller

Discussion in 'Legal and financial issues' started by campbeji, Jun 30, 2018.

  1. campbeji

    campbeji New member

    Jun 30, 2018
    1
    Hi all,

    First time on the forum, so be gentle please :)

    My mother in law has dementia and is in a care home. My wife and sister in law are controllers. There was never a poa or epa set up as the whole thing came on pretty suddenly.

    An issue we are having is that some places require a POA but don't seem to give the same 'powers' to the controllers.

    As an example, mother in laws house is in the process of being sold, and we wanted to get the post redirected, but the Post Office and Royal Mail say they will do it if there was a POA but not for a controller.

    They are also looking for photographic ID and a signature on a form, her last photographic ID went out of date years ago and she can hardly hold a pen never mind sign a form, which to my mind is a nonsense, bearing in mind the dementia and not supposed to be signing things.

    We are in Northern Ireland if that has any bearing.

    Any ideas?

    Thanks
    Jim
     
  2. nitram

    nitram Registered User

    Apr 6, 2011
    15,632
    Male
    North Manchester
  3. Shedrech

    Shedrech Volunteer Moderator

    Dec 15, 2012
    6,203
    Yorkshire
    hello @campbeji
    and welcome to TP
    sorry to hear of your mother-in-laws situation - she's fortunate to have her daughter and you looking out for her
    I don't have personal experience but the AS has a booklet which may have some information
    NI factsheet: Enduring Power of Attorney and controllership (NI472)

    might you add Northern Ireland as your location on your profile so it's easily seen by members, as there are some in NI who may know about Controllership
     
  4. nitram

    nitram Registered User

    Apr 6, 2011
    15,632
    Male
    North Manchester
    I think this clears things up a bit.
    Controller is equivalent to COP deputy ( authority given when person has lost capacity) and as in England problems can arise if the document does not specifically grant the power you want to use.

    With a few exception EPA/LPA gives unlimited power.

    In England a Court application for permission would be required to take any action not authorised (explicitly or by default) by deputyship, the same is probably true for a controller in NI.
     

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