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Elderly parents
Original poster

Enduring power of attorney

12 replies

Motherdaughter · 05/01/2018 22:49

We're getting close now to having to register POA for my dad who has dementia. I'm aware I have to notify 3 types of members of his family that I intend to register the POA.

I don't know any of his family because he's been nc since before I was born. They may or may not still be alive. How hard do I have to look to find the other people I ought to tell and how on earth do I approach them?
Do they really have a right to challenge my application for POA?
I really feel like I have enough on my plate without having to take up genealogy as well
Anyone got any advice? Many thanks

OP posts:
GooseberryJam · 05/01/2018 22:54

Really? I was just thinking about this for my parents, but I had only looked at it some time ago and didn't know this was now required. That will be a challenge for me too as neither has any siblings still alive, nor kids other than me. I will only have cousins to pick from (though I can see you're even less well supplied).

ParkheadParadise · 05/01/2018 22:56

I didn't have to do this when I got POA for my mum. Took her to the lawyers, the lawyer did ask me to leave at one point and asked mum if she was happy to go ahead. My mum also had dementia but could still give concent at the time.

If your dad can't give concent you would need to apply for Guardianship.

AnnaMagnani · 05/01/2018 23:02

Is it an Enduring Power of Attorney or a Lasting Power of Attorney?

Enduring is the old-style version made prior to the Mental Capacity Act of 2005 - you don't see many any more as it's a while ago now.

If you are doing a Lasting Power of Attorney then you don't specifically have to notify 3 family members. There are 2 types of Attorney - Heath & Welfare, and Finance. Finance is the most immediately useful day to day but I'd recommend you get both.

To do them you need a witness and what's called a certificate provider - someone who knows your dad and is happy to certify that he understands what he is signing. And obviously the person and the attorney(s) and any replacement attorneys.

There is a section for people to notify but you don't have to notify anyone if you don't want to. It makes this clear on the forms and in the guide. There is certainly no duty to go finding estranged relatives to let them know.

Needmoresleep · 06/01/2018 19:14

The Office of Public Guardian is very helpful if you phone them.

user1471453601 · 06/01/2018 19:20

I've recently completed the form and there was no requirement to notify next of kin, as Anna above said. It did take three goes to get it right! Not bad for two retired and one ex civil servant.😁

annandale · 06/01/2018 19:28

Are any of the categories contactable? Do you have any siblings?

The phrase is 'reasonable efforts' to find them. I would do something like see if there are any records in your dad's papers, and Google any names and addresses you find. I would then contact the office of the public guardian.

superram · 06/01/2018 19:42

You don’t have to inform any family members-why would you? You have a person acting for your dad who is not related to him and two witnesses to show that he is agreeing to this. You need to do it before he is unable to give this permission. I’ve done it for both my parents and not informed any of our relatives (it’s none of their business).

annandale · 06/01/2018 20:32

Superram an EPOA requires you to inform a specific number of relatives that it is being registered. An LPOA does not.

Original poster
Motherdaughter · 07/01/2018 07:26

Thanks all. It's definitely enduring power of attorney (signed 2001). I hadn't realised the lpa was so different.

Reading the guidance again I count as one of the people to be notified. With his niece and nephew I have my 3.
I made contact with my cousin last night for the first time ever which was slightly surreal and have all the information I need to serve notice which I will do as soon as I've told dad. I'm tempted to do that at his appointment with the memory clinic so I have a witness and hopefully the nurse will help me frame it in a way which will be gentle for him. I'm also going to tell his friends who have remained in contact since it seems wrong that the only people who know haven't seen him since they were small children due to circumstances beyond their control.

OP posts:
AnnaMagnani · 07/01/2018 10:46

Does he have the capacity left to do a LPA for Health and Welfare? If so it would be worth doing. You need to do it ASAP before he can't do it any more but the moment may have passed.

The EPA will only cover finances, ideally you would want to get appointed to make health decisions as well for which you need the second LPA.

Jessicabrassica · 07/01/2018 16:02

Anna, I think its too late for that. He's currently self funding so is it likely to be an issue? I guess if its critical we can go to the Court of Protection. If we control his finances then do we have some say over care and things?

AnnaMagnani · 07/01/2018 16:46

It's honestly not the end of the world if you haven't got it. Most people don't have either and I think finances is much more important, given you have to go to Court of Protection to get control.

I don't personally think not having Health and Welfare makes a massive difference if you are clearly advocating for him and alongside saying things like 'he wouldn't want to be for resus' 'he doesn't want to be admitted to hospital' etc which is why most people want one.

We only got FIL to do his at the very last minute, both he and MIL were in complete denial (well FIL was ill so he can be excused) - any longer and I don't think we could have done it.

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