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Enduring Power of Attorney?

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  • Enduring Power of Attorney?

    My father who is 89 but still looks after his own affairs put an Enduring Power of Attorney, in place should the time come when it was needed.

    This was jointly for my brother and I.As I understand it, we would only trigger this off if my father was incapable of looking after his own finances . As it is Jointly, I am under the impression that neither my brother or me could make decisions without the consent of both of us.

    Today my dad showed me a letter he had received from his bank.

    It was addressed to My father 's name C/O my brothers name. It was sent to my father's address.

    It showed the bank account details, which were correct.

    Dear (my brother)

    In relation to the account you have access to as a Power of Attorney/Court of Protection can you please confirm your personal details and contact number pn the attached form so that we can update our systems for our ongoing bank checks to take place.

    Please return this in the envelope provided at your earliest convenience,

    If you have any questions about this letter then contact us on xxxxxxxxxxxxxx

    It was unsigned but gave the name of the person who sent it who was 'Customer Advocate)

    I phoned the number and was told that they could only speak to the person who was my brother and that he had to give a password.

    My brother went to live in Spain recently. My father is profoundly deaf. He is unable to use the telephone himself, that is why I help him.

    I was going to phone my brother but am worried that if he is trying to do something underhand, it would tip him off.

    I wondered what your thoughts are on the matter.
    Tags: None

  • #2
    Is the LPA "jointly" or Jointly and severally"?
    If the former you need to act in concert, if the latter you can act singly.

    If you have concerns about the misuse of an LPA you should refer to the Office of Public Guardian.

    In this case, as your brother has left the country, IMO it would be worth your father considering revoking the LPA authority your brother holds by signing a partial deed of revocation:

    Partial deed of revocation

    “This partial deed of revocation is made by [donor’s name] of [donor’s address].

    1: I granted a lasting power of attorney for property and financial affairs/health and welfare [delete as appropriate] on [date donor signed the lasting power of attorney] appointing [name of first attorney] of [address of first attorney] and [name of second attorney] of [address of second attorney] to act as my attorney(s).

    2: I hereby revoke [attorney’s name that you are revoking] ONLY from the lasting power of attorney and the authority granted to him/her.

    Signed and delivered as a deed [donor’s signature]
    Date signed [date]
    Witnessed by [signature of witness]
    Full name of witness [name of witness]
    Address of witness [address of witness]” Where to send a partial deed of revocation

    Send the partial deed of revocation to the Office of the Public Guardian (OPG) with the original LPA document. You must also tell your attorney or attorneys that you’re ending your LPA.

    Office of the Public Guardian
    PO Box 16185
    Birmingham
    B2 2WH

    Comment


    • #3
      Originally posted by des8 View Post
      Is the LPA "jointly" or Jointly and severally"?
      If the former you need to act in concert, if the latter you can act singly.

      If you have concerns about the misuse of an LPA you should refer to the Office of Public Guardian.

      In this case, as your brother has left the country, IMO it would be worth your father considering revoking the LPA authority your brother holds by signing a partial deed of revocation:

      Partial deed of revocation

      “This partial deed of revocation is made by [donor’s name] of [donor’s address].

      1: I granted a lasting power of attorney for property and financial affairs/health and welfare [delete as appropriate] on [date donor signed the lasting power of attorney] appointing [name of first attorney] of [address of first attorney] and [name of second attorney] of [address of second attorney] to act as my attorney(s).

      2: I hereby revoke [attorney’s name that you are revoking] ONLY from the lasting power of attorney and the authority granted to him/her.

      Signed and delivered as a deed [donor’s signature]
      Date signed [date]
      Witnessed by [signature of witness]
      Full name of witness [name of witness]
      Address of witness [address of witness]” Where to send a partial deed of revocation

      Send the partial deed of revocation to the Office of the Public Guardian (OPG) with the original LPA document. You must also tell your attorney or attorneys that you’re ending your LPA.

      Office of the Public Guardian
      PO Box 16185
      Birmingham
      B2 2WH
      Hi,
      Thank you for your reply. It was an Enduring Power of Attorney, not an LPA. It specifies 'Jointly'.

      Does the advice you sent refer to EPA as well as LPA?

      Comment


      • #4
        Oops sorry, autopilot went for LPA as EPAs not available since about 12 years ago!

        There is a different procedure depending on whether or not the EPA has been registered

        https://www.gov.uk/use-or-cancel-an-...er-of-attorney

        Comment

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