power of attorney. E.P.A

Hi All and a Happy New year,breifly,
(its all on here,under Full story)divorced in April,but we still lived in the M/H,ex had a stoke in June, "nasty step-daughter", had EPA and took out an ancillery order.The order has not been registered,at court of protection, ex, unfortunatly, is now incapable of, not too much,(sad, but these things happen) he is about the same as a4yr old, according to what I have read, if the EPA is not registered, then it is invalid, and she has no power, can anyone enlighten me??? please

I have an EPA for my mother. I'm assuming that the EPA we are talking about is before the rules changed late last year. From all accounts the new regime is virtually impossible.

There is a procedure that must be followed by anyone wishing to take out a power of attorney and amongst other things it requires notification to the next of kin of the donor of the power. You have to remember, too, that the donor of the power must have sufficient competence to understand what (s)he is doing ; it's no use waiting until the donor is incapable of understanding it, by that time it's too late. You have to apply to the Court of Protection, and may the Lord have mercy on your soul. In fairness, they have improved a lot since I qualified.

As far as I'm concerned, the whole object of registration is to make sure that the would-be attorney has been properly appointed, that the attorney is a suitable person, that the donor knows what a power of attorney is, and so on. If it hasn't been registered then it's not the worth the paper it's written on. There are reasons for these rules, especially when you are dealing with vulnerable people.

Mike 100468

Hi Mike, and thanks,i am aware of the importance of,an EPA being registered,she, the nasty step-daughter was apparently given power on the 18th April, ex had he's stroke, on the 1st June, hence the EPA should have been registered then, the point I am trying to find out is;;;;what happens now ? because the EPA is invalid?

Also is there any way I can find out if the so called EPA, is genuine as the only copy that has ever, been seen, was a photo-copy, and the ex's signiture was signed in blue????

At the risk of stating the obvious - how about asking the Court of Protection ?

Mike

Hi Mike, the court of protection have told me, it is not registered, they also told me, that if they appoint a deputy, it will be the person in charge of my ex's affairs. correct me if i am wrong, but dos'nt this make a whole "farce" of the court of protection? she did not register the EPA, but will still mantain, the power, so why the emphasis, and importance in registering the EPA, when at the end of the day, the person looses nothing.