Power of Attorney Vs "enduring power of attorney"

G

Galway5

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Hi,

My Aunt is quite elderly, she is in a nursing home and suffering from alzheimers (would not have the use of her mind etc.). Prior to her entering the nursing home my uncle obtained a power of attorney over her affairs for certain banks where she had deposits.

It since turned out that she had further savings accounts elsewhere. My uncle is quite elderly also and doesn't have the "head" for dealing with administration. He asked me to help him. After reviewing her bank accounts, I suggested that they should be moved to another bank where a better interest rate could be achieved.

When we tried this, we were told that the power of attorney only covered certain bank accounts and that we would need an "enduring power of attorney" over my aunts affairs to move the other bank savings.

I talked to the solicitor who originally prepared the power of attorney for my uncle. He claims that he wasn't aware that an "enduring power of attorney" was required at the time (even though he was aware that she had alzheimers). In fairness, I cannot comment on this as I was not at the meeting. However, it now leaves my aunts affairs in a bit of a mess.

I think that an application can be made to the high court to get power over her affairs. However, the amounts involved would not warrant the expense involved in doing this.

Is there anything else that can be done to allow the unlce have an "enduring power of attorney"?
 
From what you say, the couple are quite elderly, and your Aunty has that horrible condition where she has no control. He is elderly and the condition of your Aunty is likely to have some effect on him, which will become more evident as time moves on. For the sake of looking after your uncle, and if the amounts in tiotal are not tremendous, you might be better off leaving the money where it is. The last thing you should want is for your uncle to think that you are trying to take full control - an important part of the elderly is to let them have some responsibility. As people get older, whether sick or otherwise, money has little or no part to play. Don't upset them by upsetting their money. Try and negotiate better rates where the money is presently - I bet you will see his attitude perk up immensely. Also and you are probably in Galway, like myself, you know what loose tongues can depict onto a person if they are given a chance to rhythm.
 
Can you confirm, I assume your aunt and uncle are brother and sister and not husband and wife?
 
An ordinary power of attorney is a power given by a competent person to another to deal with some or all of their affairs.
An enduring power of attorney is a power entered into while mentally competent which will only become effective when the grantor loses competence as certified by a doctor. At that stage the power will be activated and registered in the wards of court office. It may be a broad or narrow power depending on the terms originally entered into.
It sounds as if your aunt does not have an EPA and if she has serious mental incompetence it is too late to enter into an EPA now. Unfortunately her mental incompetence also means that the ordinary POA is now invalid.
If these are the circumstances you only have two options:
1. Seek practical solutions - don't tell the bank that your aunt has alzheimers (they will have to prevent access to her accounts if you do) - use any joint accounts that there are - ask pension provider to pay directly to carers / nursing home, or
2. Make your aunt a ward of court - but as you say this may be a sledgehammer to crack a nut.
My sympathies - its not easy
 
Thanks guys for all your replies. I should have probably clarified that my Aunt and Uncle are brother and sister and not husband and wife, apologies.

Just a quick query to you Putsch.

2. Make your aunt a ward of court - but as you say this may be a sledgehammer to crack a nut.
Click to expand...

Do you know what is involved here? I am under the impression that it is a long and expensive processs.
 
Yes making someone a ward of court can take a few months and cost a few thousand - that's what I meant by "sledgehammer to crack a nut". If you want to find out more the Wards of Court office have some information booklets setting the process out simply.
 
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