POA vs Controller

[campbeji]

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They are also looking for photographic ID and a signature on a form, her last photographic ID went out of date years ago and she can hardly hold a pen never mind sign a form, which to my mind is a nonsense, bearing in mind the dementia and not supposed to be signing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

 

[nitram]

Controllers appear to be unique to Northern Ireland, they certainly don't exist in England.

I just had a quick look and it seems as if the power can depend on the wording of the document
https://www.justice-ni.gov.uk/sites/default/files/publications/justice/handbook-for-controllers.pdf

Unless there are TP members who can describe their personal experience of the NI set up you are best getting appropriate, professional, legal advice.

 

[Shedrech]

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

 

[nitram]

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)

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.