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The old power of attorney

(7 Posts)
longtallsally2 Mon 17-Nov-14 18:15:09

Hi

Years ago Dad prepared one of the old two stage power of attorney document which was lodged with his solicitor. I think that it's time to activate it now. Does anyone know if we have to redo it all, with one of the new power of attorneys (in which case we need to find out the date of the old one) or whether we can still activate the old one?

Sorry - bit vague, but I am assuming that if you are 'qualified' to answer, you will be able to understand me . . .

Thanks!

whataboutbob Tue 18-Nov-14 19:18:16

Hello I have the new style POA so not sure. However if you ring the Office of the Public Guardian I am sure they will let you know.

Floundering Tue 18-Nov-14 19:23:10

Sally we have one of the new style ones with my mum. Not sure of the legalities but I'm sure when we were looking at it theysaid old ones would still be legal if done properly. Why not ring his solicitor or yours for advice?

Mainly I'm bumping till someone more clever comes along to give you the right advice & to offer you sympathy as its a horrible call to have to make & one I'm dreading I hope it all works out for you.

longtallsally2 Tue 18-Nov-14 19:24:32

Thank you both. Yes, I've been putting it off for a week or two, but guess I had better get on the phone. Big changes ahead - might be around a bit more on these threads.

Thank goodness for MN smile

whataboutbob Tue 18-Nov-14 19:40:20

Good luck Sally and if you have to, there are many of us on these thread to support you. Personally I like to involve our learned friends as little as poss. The OPG will advise you for free!

PingPongBat Thu 20-Nov-14 22:49:01

In case you haven't spoken to the OPG yet, I found this on the Which? website: "Although Lasting Power of Attorney (LPA) replaced Enduring Power of Attorney (EPA) in 2007, EPAs that were made before 1 October 2007 can still be used. EPAs must be registered with the OPG if the donor is losing mental capacity. EPA only covers property and finances."

And "There are two types of LPA – one for Property and Financial Affairs and for Health and Welfare."

So if you want to be able to decide on health and welfare issues then you would need a Health & Welfare LPA as well as the old EPA.

This is useful too - www.gov.uk/enduring-power-attorney-duties - which tells you about how to use an EPA and how to check it is still legal.

longtallsally2 Sun 23-Nov-14 15:28:16

Thank you PingPong. That's really helpful

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