Lasting Power of Attorney

[P47]

Under the rules for Enduring Powers of Attorney the attorney was required to notify close relatives when he or she registered the EPA.

Under the LPA rules the form needs to give the names of those to be notified

I know of a case where the person giving the LPA was very frail and tired and in effect signed anything that was given to him - including the LPA.

It seem that the person witnessing it did not discuss it with the donor (who has since died) and just signed the box.

It seems to me tha the LPA reime is far more open to abuse than was the old EPA regime.

Is there anything that can be done about the LPA in the case above?

 

[bmcdo]

check with the solicitor who did it. the law society recommends we really document what was said and what advise was given to such an extent that the workload does not justify the price and many practices, mine included, opted to stop doing this type of work

 

[JackieC]

In the case of my Mum, my Solicitor had to come along to the Nursing Home and witness the mental state of my Mum before accepting that she was in no fit state to either come to a decision nor even to sign the form. My sister - the only other person with a "stake" - was also present so the Solicitor could take my sister's view as well as mine and the clear evidence in front of her.

That was sufficient and the Power of Attorney was granted.

 

[mahutchinson]

Both regimes are shockingly open to abuse in my opinion with no checks and balances whatsoever. My sister took out a POA under the old Act over my father and informed my brother and I but I have no idea what she is doing and from reading the statute (old one) have no power whatever to find out. She is in control of all assets and does not even seem obliged to tell us what they are let alone involve us in decisions or add us as sigatories to bank mandates and to sign contracts. I was absolutely amazed at the drafting of this law when I read it and will now have to look for some legal advice to confirm whether anything can be done. Accounts are supposed to be provided every year but I have seen nothing and my father is not even permanently incapacitated. It seems bizarre that he is supposed to be in his right mind when he agrees to the POA but has to be incapacitated when it is registered. I don't think there is even a requirement to inform anyone when it is registered (not sure about that). Imagine how open to abuse that system is.

 

[JackieC]

I couldn't agree more. Although I was tasked with presenting Mum's Accounts every year, almost as if she was a Limited Company, there was no obligation to send such results to my sister. Nor to pre-agree with my sister any expenditure. But, that was our choice at the time - I think there was a provision for us to have a "Joint" Power of Attorney in which case those permissions had to be sought.

I am not sure of any differing Ways of Working across the UK, but in Northern Ireland, the Office of Care and Protection oversee everything (and charge you for auditing the accounts you have submitted !!!).