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Carers UK Forum • Power of attorney - Page 3
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Re: Power of attorney

Posted: Thu Jun 09, 2016 10:13 am
by Mezz
My husband still needs to get this cancelled doesn't he otherwise she could register

Re: Power of attorney

Posted: Thu Jun 09, 2016 11:18 am
by Greta
Sorry, I had forgotten the context - this was the PoA you didn't want. Obviously I've never had to do this. On top of that, ours is an enduring PoA. Yours is both health and finance, lasting PoA.

Yes, he does still need to cancel it, which can be done whether it's been registered or not. Here's a link. I just hope he sees sense:

https://www.gov.uk/power-of-attorney/end

Re: Power of attorney

Posted: Thu Jun 09, 2016 1:45 pm
by bowlingbun
There are different types of POA, depending on when they were made. The newer ones MUST be registered before they can be used at all, a process which usually takes about 3 months - so always important to make sure they are done well in advance now. However, I have an old type of POA which didn't have to be registered, it could be used the day it was written. Mine now needs updating, as it doesn't cover Health and Welfare, not an option when it was written. So there are two crucial questions, When was it written? What does it cover? (Maybe also where is it? I know the ones in my family were all done by the same solicitor, who kept the original, gave a copy to the person concerned, and the person who would be the attorney).

Re: Power of attorney

Posted: Thu Jun 09, 2016 2:15 pm
by Greta
Mezz has the newer one, Lasting PoA - see earlier in thread.

Re: Power of attorney

Posted: Thu Jun 09, 2016 2:19 pm
by Greta
I meant Mezz's MIL has it. The fact that it is not yet registered doesn't affect the fact that it exists so it looks as if it has to be revoked, but I too would look at what solicitor if any was involved - but don't even know if Mezz has seen it.

Re: Power of attorney

Posted: Thu Jun 16, 2016 8:53 am
by Mezz
Hi I've never seen it and hubby seems content in the fact that MIL has not registered it but I don't think he knows this is regular practice, I think he thinks he doesn't have to revoke it because its not been registered and as MIL is a control freak she would not have made this clear. He knows the timeframe in how long this could be before sorting it and he knows he could fall ill, so either he wants his mum as POA or he's in denial that anything could ever go wrong either way I feel he is stalling he's set a date for Friday to sort it if nothing happens I have no choice but to get some legal advice of my own.

Re: Power of attorney

Posted: Thu Jun 16, 2016 8:58 am
by Juggler
It's quite possible to have a PoA that isn't yet registered. The registration takes a little while though so it's more usual to get things done immediately so it can be used straight away.