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'New' Power of Attorney Law?


JaxMax
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My mum has asked me to be her 'Power of Attorney' should anything happen to her in the future where she is medically unable to make decisions - there's nothing wrong with her at the moment.

 

She was in a bit of a panic when asking me because she had been told by someone who had been on some kind of course, that unless she appointed me before October 2007, if I eventually did have to act as POA, then there would be huge costs involved - she couldn't give me more details than this.

 

So I went looking on the internet and found that from Oct 2007 the existing Enduring Power of Attorney (which would be most suited to my mum's needs as far as I can make out) is being scrapped and replaced with a Lasting Power of Attorney which deals with both Financial and Welfare affairs. The only reason I can see anyone incurring costs with a LPOA would be if a POA hadn't been appointed and then a 'Deputy' of some kind would be appointed to take care of the person's affairs. From what I can gather, if a LPOA is already in place when it is needed, there are no additional charges to anyone - is this correct would anyone know please?

 

Also, are there any main advantages/disadvantages to both Lasting and Enduring POA's? I noticed that any existing EPOA's after Oct 2007 will still be ok and that you can have both an EPOA and LPOA, or you can scrap your EPOA and change it to a LPOA. I'm completely baffled as to which one is the best to go for.

 

My mum is fine at the moment, but she wants something in place in case something does happen to her in the future - can anyone advise please? The main thing she wants me to find out about is any charges that may be incurred - she doesn't want the State getting any more of her hard earned cash.

 

Thanks in advance

Jax

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I'm almost sure that Power of Attorney can be included in ones Will. May be wrong but, if right it would kill two birds with one stone.

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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I'm almost sure that Power of Attorney can be included in ones Will. May be wrong but, if right it would kill two birds with one stone.

 

Theoretically it would be possible to include a Power of Attorney (or indeed any other type of document) in a Will, but a Will should be restricted to disposing of one's estate after death and a Power of Attorney lapses on death. In any event, an EPA or an LPA needs to be executed using a special form.

 

An EPA takes effect immediately, but needs to be registered when the person giving the power loses mental capacity. An LPA, which also needs to be registered, only takes effect when the person giving the power loses mental capacity.

 

Whether your mother executes an EPA or an LPA, it will be less trouble and expense than if she does neither and then loses mental capacity.

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After 1 October 2007, Lasting Power of Attorney will take over from Enduring Power of Attorney. Please do not confuse these documents with Power of Attorney.

 

The difference in these two documents is that EPoA is registered with the Court of Protection - now the Guardianship Agency, once it is required, ie when the person becomes mentally incapable. The new LPoA will have to be registered (cost £120 I think) as soon as it is signed, ie whilst the person is still metally capable. There are differences between the two documents but they are one of the easiest legal documents a person can fill out, but can over come serious issues if someone becomes ill and incapable.

 

You do not want the Guardianship Agency running your family members estate - they charge a lot each year for the privilege!

 

Every one should have an EPoA (18-100+), everyone - it certainly helped when my father got ill last year. An EPoA fills in the gap between being mentally capable and death, when a Will takes over. There will be a vacuum whilst probate is granted and the executor takes control of the estate. Does make sense for the Attorneys and Executives for simple estates to be the same - I would not want a solicitor to be either, again for simple estates.

 

EPoA signed now will be valid for registration after 1 Oct 2007.

 

Regards,

John

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Thank you all for your replies. I think an EPoA is the way to go then, especially if it's free! I must get in before October.

 

I have found an online form for an EPoA so I take it I just print one of these off and mum and I sign it, get it signed by witnesses and then don't have to do anything until if/when it needs to be registered - would that be about right? There's no need to get a solicitor involved at all?

 

Thanks again, I appreciate all help given.

Jax

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Thank you all for your replies. I think an EPoA is the way to go then, especially if it's free! I must get in before October.

 

I have found an online form for an EPoA so I take it I just print one of these off and mum and I sign it, get it signed by witnesses and then don't have to do anything until if/when it needs to be registered - would that be about right? There's no need to get a solicitor involved at all?

 

Thanks again, I appreciate all help given.

Jax

 

It is free now to fill out, but there will be the registration fee once it is required to be enpowered...

 

No solicitors required. Get your mum to pick two attorneys and fill out Part B, general conditions: "jointly and severally" "with general authority to act on my behalf" inrelation to "all my property and affairs" select the relevant restictions and conditions applicable for your mum, and "not to have effect until registered with the Court of Protection"

 

Your mum must date and sign in front of a witness (not an attorney).

 

You and another attorney fill out your own Part C's and date and sign in front of your own witness. These Part C's do not have to be signed at the same time as Part B. My neighbours sent the Part C to their son through the post for him to sign and return.

 

Whilst there print one out for yourself, your husband, adult children, etc...

 

Which web site did you find - all the ones I found charged... I have an old Will writing software which included EPoA.

 

John

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Hi John,

 

Thanks again. I found the form here, about two thirds down the page:

 

Public Guardianship Office

 

Loads of other forms too.

 

I'll be sure to take your advice and print one off for the rest of my family, it certainly is something that should be more commonly known.

 

Thanks

Jax

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