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Oh Joe. Please do get it as soon as possible. We are having terrible trouble because we havn't got it. My MIL who is 86, was as fit as a fiddle this time last year. She suddenly had a series of TIA's, and it was too late for us to get P.O.A. Our solicitor said that the person had to be compess mentis which she wasn't afterwards. I have only today been on at the building society again trying to sort out her account which they, through standing orders, have now got well in to the red. I am just about to sort it after starting the ball rolling last June when she was taken in to a nursing home and we had to give her flat up.I wish we knew about it before she got ill, but like they say, hindsight is a wonderful thing.
Sezit
issy is right, your parents will need to get a Lasting Power of Attorney arranged for each of them. There are 2 types - financial and dealing with their care. They have both or one of the types.

The Power of Attorney has to be signed by the parent and witnessed (not by the person who will become attorney). It also has to be certified by someone independent to say that they think the parent understands the significance of what they are signing. This could be done by someone who knows the person well or it could be done by say the parent's doctor. Where it is done by a professional such as a doctor, they have to be satisfied that the parent is compos mentis (knows what they are doing).

Also on the Lasting Power of Attorney has to be given the name of at least one person to be notified - I'll explain this further on.* The person(s) to be notified should be asked first as a matter of courtesy. It is also best if they are people who are likely to be around when the power of attorney is going to come into force.

Once this is done, the Lasting Power of Attorney is sent to the Public Guardian (as per Issy's link). At this stage the Lasting Power of Attorney is merely registered - it is not yet in force.

It is essential that the Lasting Power of Attorney is registered whilst the person is still compos mentis. It is impossible to set up a Lasting Power of Attorney after the person ceases to be compos mentis.The procedure for arranging guardianship of someone when they have become non compos mentis is much more complicated that getting a Power of Attorney. It is also very expensive - likely to be over ÂĢ1000. Arranging a power of attorney is quite a lot cheaper, but there is still a cost.

Then at some point in time the person who is going to become attorney wants the power to start. The Public Guardian first has to be notified. The Public Guardian will then write to the person(s) to be notified * The purpose of this is so that there is a safeguard built in to stop the attorney taking advantage of the parent. The person(s) notified don't have a great responsibility, Basically they will be asked if there is any reason they know of why the proposed attorney should not be made attorney.

Once this has been done, the Public Guardian will inform the attorney that the agreement is now in force.

The Public Guardian website goes into a lot more detail than this, but this is a summary.

Enduring powers of attorney which were created before Lasting Powers of Attorney were created are still valid.

The reason why I know the above is because I was arranging for one to be done for my mother, but she died before it was done.
El Loro
I always advise them that if they want to save to go for the best paying ISA's or fixed bonds. A couple of years ago they said that they wanted to consult me before signing up, and the salesman said, "your son will thank you!" I feel sometimes that they are misinformed and wish that they would spend more on themselves while they can enjoy it. But of course bank employees are experts. I am left thinking that sometimes the elderly are seen as an easy touch. My father now is convinced that the family is after his money, and maybe the financial sector look after his interests better than we do. I don't have any siblings.
Garage Joe

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