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Power of Attorney - Carers UK Forum

Power of Attorney

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My brother who lives abroad most of the time, is now terminally ill. He is with his wife in South America, with only a few weeks to live. I have Power of Attorney for him, he asked me to empty and sell his house. Initially, the solicitor said that was fine. Today, with a cash buyer able to exchange very quickly, I went to give the solicitors instructions re the sale. They dropped a bombshell. Apparently they arranged the wrong sort of POA! I have a "Lasting" POA, but it is only valid as long as he has mental capacity. Since he is now on morphine, whether or not he has capacity is open to debate, which might scupper the entire house sale. I'm writing this to highlight the problem, so you can check that you have the "right" sort of POA, before you need to use it. Urgent emails are now going back and forth!!!
Bowlingbun I hope this is sorted for you and your brother soon. This sort of stress is the last thing any of you need I'm sure. I never had POA for Mum but she had been on morphine for many, many years. Her will was made without problem and just as important she made the decision to have a DNR notice on her notes/over her bed in conjunction with her GP and the hospice.

Keep my fingers crossed for you all.

Bell x
I'm a little confused here. I was under the impression that Lasting POA is taken out while mental capability is there to deal with times when it isn't...

http://www.ageuk.org.uk/money-matters/l ... -attorney/
Thanks, bowling, I have poa on hubs, will double check it.
So sorry you are going through all this and must be desperatley worried about your brother.
((((((((((((((((((((((hugs)))))))))))))))))

love Phoebe x
I'm a little confused here. I was under the impression that Lasting POA is taken out while mental capability is there to deal with times when it isn't...

http://www.ageuk.org.uk/money-matters/l ... -attorney/
yes, but it has to be registered with the Court of Protection for it to become effective. Doesn't matter whether it's a Lasting Power of Attorney or an Enduring Power of Attorney, until it's registered it's just a piece of paper.
Thanks for the link. Having read the booklet, what I have is apparently an "ordinary" power of attorney, so it's not registered anywhere. When I sent my brother contact details I realised that the person I saw yesterday is not a full solicitor, but a "Licensed Conveyancer". I studied Businss Law at college for a long time, and there were a few things I said to the conveyancer yesterday that she didn't pick up on, particularly regarding my role as attorney. I'm going to get in touch with the senior partner today (in advance of a meeting she has with mum booked for Friday) to clarify things. The last thing I need is someone in 6" heels pretending she knows more about law than the actually does!
My solicitor advised registering it now so its active (for want of a better word) as it can take months to get it registered which is no good in an emergency. It also means its all paid for now otherwise someone may be scrabbling around trying to find the money to do it.
I am currently in the process of obtaining these for health and for property so both sides of the LPA.
I've had the forms back today as some part wasn't completed properly so I'll have to look at that.
Because my mum gets Pension Credits she doesn't have to pay. Other benefits also mean she wouldn't have to pay but I only needed to send one item of proof.

I just phoned and got the forms sent to me and it's taken me a while to get them signed by all the different people, witnesses etc but I am doing it myself instead of getting a solicitor involved. Just hope all will be well.
My solicitor advised registering it now so its active (for want of a better word) as it can take months to get it registered which is no good in an emergency. It also means its all paid for now otherwise someone may be scrabbling around trying to find the money to do it.
This was the advice Dad was given too as it can take a few months to come through. I'd also advise getting 2/3 certified copies when registration is complete. My Dad's solicitor didn't send any through and it cost another £30 to get these at a local solicitor's.
Hope you get further advice and from more then 1 solicitor.I had the old Enduring Power of Attorney and had problems with my solicitor over what was valid use of monies.It is quite a specialised area.I thought the new LPA had to be registered.
Bridget Leech(Carer Ambassador)