When to register EPA with PGO

Discussion in 'ARCHIVE FORUM: Support discussions' started by gillybean, Mar 30, 2007.

  1. gillybean

    gillybean Registered User

    Jan 17, 2007
    420
    I have tried searching as I didn't want to repeat earlier threads but couldn't firn so forgive me as I think this must come up continually.

    About 4 years ago both my parents made out EPA's with a solicitor at the same time as making out wills. Both me and Mum are POA's.

    My Dad was diagnosed in January as having dementia with Lewy bodies. He is finding it increasingly difficult to sign cheques.

    I was wondering...

    At what point do you decide to register the EPA with the PGO?

    What powers does the existing POA's give us re his finances etc..

    Many thanks for any replies
     
  2. sue38

    sue38 Registered User

    Mar 6, 2007
    10,856
    Wigan, Lancs
    Hi Gillybean,

    The wording on the first page of the EPA says that the attorneys should register the EPA 'if your attorney(s) have reason to believe that you have become or are becoming mentally incapable of managing your affairs'.

    This is legally the time you should register the EPA with the Court of Protection via the Public Guardianship office.

    You will need to serve notice on at least 3 closest relatives. That would be your Mum, yourself and one other. If you serve one relative from a particular 'class' you must serve all relatives in that class. i.e if you have siblings, all of them need to be served. If you have no siblings and the next closest relative is say a cousin you need to serve all cousins. You will also need to give notice to your Dad that you are applying.

    As far as your 'powers' you can deal with all your father's financial affairs provided that no restriction was put in the EPA when your Dad signed it, but you must act in your father's best interests.

    If the EPA says that you and your Mum were appointed 'jointly' you will both need to sign documents. If however, and is more usual, you were appointed 'jointly and severally' either of you can sign.

    The PGO's web site at www.guardianship.gov.uk is quite useful.

    Sue
     
  3. Tender Face

    Tender Face Account Closed

    Mar 14, 2006
    5,379
    NW England
    HI Gillybean ..... good point you make aside from your own question - no-one should apologise for bringing up something raised before - with TP's ever growing and changing membership perhaps there might be different slants on a question first raised weeks or months before ...... not to mention the changing legislation in this particular area .....

    I am posting a previous thread I started in similar vein - with lots of useful links ....

    http://www.alzheimers.org.uk/TalkingPoint/discuss/showthread.php?t=4620

    I know I found the point of deciding to register VERY difficult ...... (mum has been diagnosed with an element of LBD too) .... One day feeling I was taking away independence from someone quite astute and capable - the next worrying if I didn't she might sign her house deeds over to anyone who might present on the doorstep .......

    I've said it before, but what is essentially a 'paper exercise' pulls hard at the heart strings ...... you have all my sympathy and empathy ...

    Love, Karen, x
     
  4. gillybean

    gillybean Registered User

    Jan 17, 2007
    420
    Thanks Karen for your help and kind words.

    I have read the thread that you directed me to....I am still confused and think well Dad's OK some days but not others, how on earth can I decide what's best and I feel such betrayal cos I know he'd agree to anything for me, bless him.

    I have so many roles as we all do these days, Mum, Wife, employee, friend and I am also the appointee for my disabled brother. I have spent the last 2 years sorting our all his problems and managing to get him into the best supported living accomodation I could, I knew this had taken it's toll on Mum and Dad and Dad's dementia was initially diagnosed as a 'stress reaction' when my brother became ill. I always knew that once my brother was 'sorted' Dad's problems would come to a head and he would take precedent. I now want to do the best by him but why does it feel such a hard thing to do, I know it's only a 'bit of paper' but it's a horrid thing to do.
     
  5. Skye

    Skye Registered User

    Aug 29, 2006
    17,000
    SW Scotland
    Gillybean, no advice, I've nothing to add to what Karen has said.

    Just wanted to send you a hug. What a lot you've got on your plate. I'm not surprised your head's in a whirl.

    Why not try to forget about it for the weekend? I always find that if I can't decide about something, if I forget about it for a while my head sorts it out on its own. Or something happens to make the answer clear. Does that make sense?

    Love,
     
  6. Tender Face

    Tender Face Account Closed

    Mar 14, 2006
    5,379
    NW England
    Hi again Gillybean - two thoughts and I'm sorry if they sound tough ... but are certainly the sentiments that helped me reach for the registration papers ......

    1) If your dad was consistent in being able to understand and enter into 'agreements' with you or anyone else you wouldn't have to be worried about registering in the first place ....

    2) I asked myself which 'betrayal' would be worse - to live with the difficulty of explaining to mum on a 'good day' that she really was no longer consistently capable ........ or to live with the possible consequences of leaving her vulnerable when I had a chance to protect her - financially at least?

    Sorry if that's no earthly use at all .....

    Love, Karen, x
     
  7. gillybean

    gillybean Registered User

    Jan 17, 2007
    420
    Thank you both so much.

    I am glad I've found somewhere that we can all empathise with each other, it's hard to explain to others who seem to find mental health problems a bit of an embarrassment.

    I think your both right in what you say, sometimes my heads in such a whirl I can't sleep then feel exhaused the next day at work. I now have 2 weeks off which will hopefully let me recharge my batteries and think more clearly.

    Thanks so much

    Gill x
     
  8. Skye

    Skye Registered User

    Aug 29, 2006
    17,000
    SW Scotland
    Hi Gill

    Enjoy your holiday, and try to relax. It'll all come clear.

    Love,
     

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