The Initiation of the Power of Attorney.

The (enduring or temporary) Power of Attorney can be granted by anyone of sound mind, or by two or more as partners in joint ownership, or by a body corporate, to one person or to more individuals acting in unison or as a body corporate, to be the legal representative(s) of the grantor(s) or 'donor(s)' of such executive powers. There are many different reasons for such a power to be signed over to trusted agencies in advance of, or as a precaution to certain situations arising: the possibility of the donor's temporary or permanent mental or physical incapacity; the grantor's absence from his/her management of business or personal financial or propriatorial affairs; any other reason for such absence and/or incapacity.

There are specific measures to be taken to initiate the (Full) Enduring Power of Attorney and/or the establishment of a Will.

Both these legal documents can be prepared by organizations employing qualified Solicitors. They normally charge fees for so doing.

Conditions necessary to signing a Will and Enduring Power of Attorney.

The parent or donor cannot make a Will, nor sign over the Enduring Power of Attorney to the Next of Kin or anyone else once he/she has been medically diagnosed as having developed any of the forms of dementia beyond the point of basic understanding of his/her actions. So there is frequently an urgency to have these documents prepared as soon as possible.

Involvement of advisory and other agents.

In addition to acquiring the above legal documents, the Next of Kin and/or any other trusted agent or group of agents should contact early one of the main care and advice organizations relating to the aged and/or infirm. These organizations can put you in touch with reputable financial advisers who, if you are prepared to release all the parent’s financial affairs to them in order for them to make a judgement, can make up a personal financial package to pay for and otherwise support any future or immediate care the parent might require; whether in his/her own home or in some form of residential care accommodation.

Legal authorization by Court of Protection pending operation of Power of Attorney provisions.

Once the parent becomes medically diagnosed with the condition, the Enduring Power of Attorney has to be legally brought into operation by the authorisation of the Court of Protection, via the Public Trust Office. This process is known as legal Registration. The Solicitor can deal with this for the N. of K. again, for a fee. If the N. of K. has been granted the full Power of Attorney he/she can then deal with the affairs of the whole estate, including the sale of any property, i.e. House(s), furniture, etcetera. Gifts can also be made in the owner's name. A maximum may be set for each individual type of gift, as well as an overall limit on the number of gifts that can be made. The attorney can claim any 'reasonable' expenses incurred in running the estate during the operation of the E.P.A.
The person receiving Power of Attorney has, to legally register the instrument, seek the written (signed) permission of the owner's closest remaining relatives of the blood. This is prescribed, or legally laid down. In my own case, my mother's eight siblings having predeceased her, the remaining nephews and nieces of the blood side had to be contacted by the solicitor. The rule is that, whichever relationship class is chosen, all members of that class must be given an opportunity to legally object to the power of attorney being dispensed to that applicant.

General observations.

Without the Power of Attorney it is very difficult to legally dispose of property of any kind, or legally dispense payments on behalf of the afflicted owner. Any person not thus legally qualified, who undertakes to act for a stranger in his/her financial affairs, is subject to possible legal action. The Power of Attorney does not have to be as complicated as this; but, on the other hand, many are considerably more complex where the estate is large and wealthy, or where there are several separate people so empowered where a commercial business is part of the estate.

Links:

• Alzhiemers Society - After the Diagnosis
• Public Guardianship Office
• Mental capacity and Enduring Powers of Attorney
• Guardianship Frequently Asked Questions