Power of Attorney..can I get it despite IVA?

[katiekitty]

Am in the process of getting an IVA set up as am in deep debt, can I still be granted power of attorney for my sick mother despite this, or will it be a problem?

Thank you for your help
kkxxxx

The IVA should be no problem, but need lawyer to draft power of attorney -
the rules on these are changing some time this year and all the old ones
become invalid!

sounds complicated - does this take along time to sort out as her mum is sick & I read something about being able to make a poa?

No, not at all. Quite simple really, one visit to a solicitor will do it - it's standard text. Of course if the law changes you may need to revisit it but if her mum is very sick the problem may not arise

Some info about PoA:

Power of Attorney is a legal document whereby one person (the "Donor") gives another person or persons (the "Attorney") the power to act on his or her behalf with regard to his or her property and financial affairs.

The most common types of Power of Attorney in England and Wales are:

Ordinary Power of Attorney - which can be general or limited to specific affairs
Enduring Power of Attorney - which can be used in the event of the Donor's mental incapacity.
Usually, an Ordinary Power of Attorney is created for a set period of time in cases where the Donor is going abroad or is unable to act for some other reason and wishes someone else to have the authority to act on his or her behalf. An Ordinary Power of Attorney will usually end either at a specified time or upon the request of the Donor at any time using a Deed of Revocation and will automatically be revoked if the Donor loses mental capacity. There is no requirement for the Ordinary Power of Attorney to be registered.

In contrast, an Enduring Power of Attorney allows the Donor to appoint one or more people ("Attorneys") to manage their property and financial affairs either immediately or at a future date. An Attorney does not have to register the Enduring Power of Attorney in order to use it. If, however, the Attorney wishes to use the power at a time after there is reason to believe that the Donor is, or is becoming mentally incapable of managing his or her financial affairs the Attorney must register the Enduring Power of Attorney.

this is the govt website regarding power of attorney law

The doc you need is here

Good luck with your mum!

Thank you ever so much WhoChoc, that's REALLY useful information. I 'll have a good look at the weblinks and prepare as best I can for it.

Thank you too for your kind thoughts xxxx

No problem, glad to have been able to bring the lightest relief to your troubles!