1. rainbow 54

    rainbow 54 Registered User

    Jul 3, 2006
    10
    Hi everyone
    I have been reading on site about power of attorney i understand what it means but i dont understand when its really needed
    I look after she lives with me and when she was well i just went with her to the bank to say i could go up and cash cheques on her behalf
    And i look after everything she needs am i doing wrong do i need to go and get this pow
     
  2. Nebiroth

    Nebiroth Registered User

    Aug 20, 2006
    3,518
    There is a very good guide on powers of attorney here

    http://www.adviceguide.org.uk/n6w/index/family_parent/family/managing_financial_affairs.htm

    and on this Government site, here

    http://www.guardianship.gov.uk/theservice/enduringpower.htm
    (this talks about enduring power of attorney also check out the FAQ link)


    Unfortunately, in order to arrange an EPA, the person granting the power in the first place (donor) must have the mental capacity to do so.

    If they do not, then an application has to be made to the Court of Protection. This can be time consuming and more costly, and also, it is the Court which will decide who is granted the POA.

    In your case it sounds as though you need professional advice, for example from Social Services or a Citizens Advice. If you ask for a Carers Assessment from Social Services, then I would think that this would be covered.
     
  3. kindheart

    kindheart Registered User

    Jan 18, 2007
    39
    Hi rainbow

    The power of attorney can only be obtained if the cared for person can still understand the meaning of the document they are signing, if in any doubt you can get the consultant physicrist to asses them, if no then you need to apply to the court of protection to become an attorney.

    It sounds complicated but it isnt.

    I dont know how to post a link, but if you search for the public guardianship office on the web this should be able to provide you with some information and I believe they have a helpline you can contact.
     
  4. Tender Face

    Tender Face Account Closed

    Mar 14, 2006
    5,379
    NW England
    Hi Rainbow

    POAs are commonplace for allsorts of reasons, in different walks of life, not just dementia related....... EPAs seem to send jitters everywhere .....

    My very simplistic way of looking at things is that with POA I could act EITHER on my mother's behalf (if she wished) or alongside her ... it did not revoke any authority previously held by mother to enter into contracts or financial agreements on her own .... nor did it transfer responsibility to me for her affairs ...

    With a registered EPA, mum is deemed no longer capable of making rational judgements nor giving rational instructions about her financial affairs and therefore, as sole attorney, I act on her behalf ... whether that is obtaining cash, cancelling a direct debit or having the 'power' to sell her house should I believe that is ever in her best interest ....

    I find it 'scary stuff' at times .... but a lot less scary than thinking of what 'contracts' she could be duped into entering by any door-step-salesperson who caught her at the wrong moment ....

    I rather think 'Enduring Power' is a misnomer ...... from where I stand I think 'Enduring Responsibility' is far more fitting ..... just another part of 'caring' I guess...

    Hope that helps, just my view - and if it's wrong - sure someone will be along .....

    Love, Karen, x
     

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