Enduring Power of Attourney


#1

Hello everyone, I would like some advice with regard to Enduring Power of Attorney's please.

My Uncle was diagnosed with PD approximately 20 years ago. He has lived with a lady for almost 40 years and I understand from my Uncle that their finances are kept separate. 

In 2005 my Uncle presented me with an Enduring Power of Attorney which he had prepared by a legal executive. My Uncle had not discussed the EPOA with me prior to this so it was a bit of a surprise to say the least when he asked me to take on this role as I assumed his partner would have been asked to be his POA in in the event if him losing capacity. When I asked him why he had asked me and not his partner he said he didn't trust her with his money.  I subsequently agreed to take on the role of POA in the event of my Uncle losing capacity and the document was signed and witnessed appropriately, it has remained in my possession since. I did not register the EPOA as I understood was that that it was only necessary to register when (and if ) the person starts to lose capacity. 

Although my Uncle was not exhibiting any signs of dementia 10 years ago I'm sorry to say his illness has progressed and he is showings some signs of dementia. Some days he is quite well but other days it's impossible to have a proper conversation with him.  

I asked my Uncle a few weeks ago if he remembered the EPOA and what he had asked me to do in the event of him losing capacity. He was able to recall our discussions 10 years ago and asked me if the EPOA should be registered. I didn't know what to say as I think he is perfectly able on a good day to make sensible decisions where his finances are concerned. On a bad day I dare say a dishonest person could get him to sign it all away. 

Could someone please advise if I can register the EPOA whilst he still has capacity? 

 


#2

Hi Rest Harrow and welcome

I suggest you contact the Office of the Public Guardian for advice.  You can get contact details via www.gov.uk.  

They also publish Guidance for Registering an Enduring Power of Attorney (which, if the PoA was dated in 2005, is what your uncle will have signed).  It is available on the web site as a pdf file.

Worrals


#3

Good morning Rest Harrow

Yes you can Register the EPOA while your uncle has capacity.  I did this for my husband without any difficulty.  You will be able to help him make decisions if they have to be made on a less good day and act for him if/when he can`t make his own decisions.  In our case I did it at a time when my OH could agree it was time to do it and it made our lives a lot less worrisome.  Just because it is registered doesn`t mean you are now making all the decisions for him, he makes as much of a decision as he can at the time.

Hope it is a long time before he can`t make his own decisiions

Hattie