power of atterney

kirst

Registered User
Jul 9, 2007
22
east riding
hi i know i have not spelt it right but is there any way you can get power of atterney done with out having to pay for it my mum is having problems with my dads private pension it was not paid this month but if she rings them they insist on talking to my dad who is in a home now even if he wasnt he doesnt remember his address etc any way my mum went months ago to a solictors but it going to cost 150 pounds which is has not got
 

Skye

Registered User
Aug 29, 2006
17,000
SW Scotland
Hi Kirst

I think your best bet would be to ring the AS helpline for advice. The number is

0845 300 0336

There could be a problem with your dad granting POA to your mum. He has to understand what he is signing, otherwise it's not valid.

I hope you manage to get the pension sorted -- perhaps a solicitor could help?

Love,
 

jenniferpa

Registered User
Jun 27, 2006
39,448
If he does understand enough (or has good periods when he does) you can download the forms from the Public Guardianship website (assuming you're in Enland or Wales). Make sure you get the correct one Enduring Power of Attorney (EPA) - form to make an EPA (about half way down the page). http://www.guardianship.gov.uk/formsdocuments/forms.htm

I would do this PROVIDED there is no one else who might subsequently make a stink about it. If, however, you have siblings for example who might take issue with the whole thing I would be very cautious. Another thing to consider is would the private company accept some form of third party authorization to talk to your mother? State pension will: I don't see why a private company should be any different (although they've got themselves so wrapped up in privacy issues they may be more difficult).
 

lizzie2596

Registered User
Jul 3, 2007
91
Hi Kirst

I am in the process of registering my Mum's POA. We had it drawn up by a solicitor about 6 months ago, which cost £75 + vat. There is also a charge of about £120 to register it but I claimed an exemption for Mum because she has less that £12 500.
Hope that gives you a bit more to go on.

Liz x
 

Margaret W

Registered User
Apr 28, 2007
3,725
North Derbyshire
Epa

Getting the original EPA done is stage 1. You can download the form from the Public Guardianship Office, but in order to complete it your dad has to know what he is signing for. You could explain it to him as "It is in case you can't manage your own money and we have to do it for you", and if you say this in front of a doctor or similar, this should be okay, if the doctor thinks he understands. Cos actually that is all an Enduring Power of Attorney does, enables someone to manage their money for them. I don't know what a doctor would charge for this, or maybe a solicitor would do as well. No idea what the cost is, but it shouldn't be a lot. I'd expect about £20, unless you had to get the solicitor to come out to do it.

The next stage is registering the EPA. You might not need to do this. Most banks and other institutions will accept seeing the original EPA form, or perhaps a copy, certified by a solicitor (probably costing £7 per copy) even before it is registered. You only need to register the EPA if you need to sell your dad's house, or sell shares in his name, or something quite serious. Then you have to get the POA registered, which unfortunately does cost £120, though you can apply to have this waived if dad has no capital. But it begs the question, if he has no capital, why do you need to register it at all?

One bit of advice. Do not part with the EPA form without taking copies. The Court of Protection lost ours, and despite telling us that they scanned all documents on arrival at the office, they hadn't scanned ours. Fortunately they eventually found the original. Once it is registered do the same - take copies.

Good luck!

Margaret