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power of attorney advice needed

(9 Posts)
floatyjosmum Sat 10-Jan-15 16:11:22

I was hoping someone could give me some advice re powers of attorney and what happens when the person with poa dies - how easy is it for someone else to 'take over' when the person it is for doesn't have capacity.

Musicaltheatremum Sat 10-Jan-15 16:25:01

In Scotland you can't take over the POA you have to apply for a guardianship order which is totally different.

3BloodyKids Sat 10-Jan-15 16:26:41

If there are no co-POAs to replace the deceased, (ie, if there is no one else already named as POA), then the POA comes to an end - her on the website

If the person lacks capacity then a new POA cannot be made - on Citizen's Advice website. It says that if there are ongoing important decisions to be made, then you can apply to the Court of Protection to be made a Deputy.

floatyjosmum Sat 10-Jan-15 16:43:35

Thank you so much - I was getting so confused! Is it possible to set it up whilst the other person is alive or do you have to wait - thinking I don't want there to be a gap!

3BloodyKids Sat 10-Jan-15 16:52:59

the deputy? I think you'd be best to have a chat with the Court of Protection about your specific situation. Contact details here.

I know you can contact the CoP if, say you have concerns about the POAs ability to continue in the role, eg if they became ill or something.

More info about the deputy role here.

floatyjosmum Sat 10-Jan-15 17:19:25

Thanks again - a job for monday!!

Mumblechum1 Sat 10-Jan-15 17:24:25

The LPA usually appoints one or more attorneys together with at least on replacement attorney, so if the first one dies, the other steps in.

I'm a willwriter btw and based in England but the procedure in Scotland is different.

floatyjosmum Sat 10-Jan-15 17:48:05

I'm in England. We thought that it named someone else but it doesn't - not sure how 4 people thought the same thing!
Basically my grandad doesn't have capacity but the poa is ill and looks likely to die first.
Trying to work out what is best as they aren't able to manage his finances etc at the moment. Welfare has been sorted but if situation for him changed it could mean a drama

3BloodyKids Sat 10-Jan-15 19:11:01

you need to speak to the CoP then, let them know and they can sort it.

Sorry you're going through this, it must be very stressful.

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