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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Hello, My concern is that the person ( a friend of 5 years)

Resolved Question:

Hello,
My concern is that the person ( a friend of 5 years) to whom I gave Power of Attorney, as I am a widow without family, is now telling me that, as I am about to have three days in hospital, He should be supplied with details of my bank accounts, my accountants name,bank statements and lists of standing orders etc. I was under the impression that the person who holds the enduring Power of Attorney would only step in if I became incapable of running my own affairs. As I am very capable and only 68 yrs old my alarm bells are ringing as I also have a relatively large house which he admires on a daily basis. Please let me know if he has these rights as I outlined above. Thank you, Sincerely, *****
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello Barbara and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
An Enduring Power of Attorney (EPA) can be worded so that it either comes into force the minute it is signed or in the future, as or if you become or are becoming mentally incapable of managing your own affairs.
You therefore need to check your EPA to see what it says. If the EPA does not say anything, then it can come into force as soon as YOU wish it to. Alternatively, there may be a clause stipulating that your EPA should not come into force until a GP has certified that you have or are becoming mentally incapable.
Either way, at present it is entirely up to you as to whether you wish your friend to "activate the EPA". Just because you have signed the EPA does not mean it has come into effect and your friend therefore has no power or authority to ask for your financial information etc.
All EPA'S need to be registered at the Office of the Public Guardian once the Donor has or is becoming mentally incapable. Until such time, the Donor (you) are entitled to revoke the EPA (ie destroy it/rip it up).
If you do have concerns, you would be wise to revoke the EPA.
I hope this helps and assists you.
Kind Regards
AL
Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hello Al,


 


Re the above, am I right then to assume that the attorney cannot act on my behalf until I give him permission so to do (whilst I am capable) and a three day stay in hospital should certainly not mean that he has to spring into action?


 


Regards


 


Barbara (Atkinson)

Expert:  Aston Lawyer replied 3 years ago.

Hi Barbara,

You are indeed correct!

It is entirely up to you, and no-one else, as to when the EPA should start.

I hope i have helped.

Kind Regards

AL

Customer: replied 3 years ago.

Dear Al,


 


Sorry about the confusion but I have rated your service as excellent four times now andit seems that it is not getting through. Maybe this mail will


be sufficient. EXCELLENT service


 


Regards


 


Barbara Atkinson

Expert:  Aston Lawyer replied 3 years ago.

Thanks Barbara- no need for you to rate my Answer again-it has gone through, for which I thank you.

Best Wishes
AL
Customer: replied 3 years ago.

Hello Al,


 


My last question I promise!


The person in question I was talking about (see above 11 Sept) has now decided to pull out as I was not ready at this stage to supply him the information for which he asked. I also have a number two on my Power of Attorney, can they be made no. one without going through all the Public Guardian Office paper work?


 


Thanks,


 


sincerely,


 


Barbara

Expert:  Aston Lawyer replied 3 years ago.

Hi Barbara,

Could you clarify what the EPA says? It would normally just appoint 1 or 2 people to act jointly or jointly and severally.

Kind Regards
AL
Customer: replied 3 years ago.

Thanks Al. The papers are in a safe to which I have no access at present. Will look them up after the weekend and let you know. At present I just cannot remember off hand as it was some time ago.


 


Regards,


 


Barbara

Expert:  Aston Lawyer replied 3 years ago.

Thanks Barbara- I look forward to hearing from you.

Kind Regards
AL
Customer: replied 3 years ago.

Hello Al,


 


The EPA states that the two people should act jointly and my question was if it would be O.K. just to cut one person out without going through the Office of the Guardian paperwork ?


 


Thank you,


 


Regards


 


Barbara

Expert:  Aston Lawyer replied 3 years ago.

Hi Barbara,

Thanks for your reply.

I am afraid that as you have apponted the 2 Attorneys jointly, then both of them have to act and both signatures are required on any transcations/dealings they do on your behalf.

You can't therefore, ask one of them to act without the other.

EPA's are no longer valid, and have been replaced with Lasting Powers of Attorney.

I am afraid, therefore, that if you ar enot content with the current EPA, this needs to be destroyed, and you wil need to execute a brand new Lasting Power of Attorney.

Sorry I couldn't give you a better response.

Kind Regards

AL

Customer: replied 3 years ago.

Thank very much for your answer Al. I now know what I have to do!!


 


Sincerely,


 


Barbara (Atkinson)

Expert:  Aston Lawyer replied 3 years ago.

Thanks Barbara.

All the Best.
AL
Customer: replied 3 years ago.

Just to let you know the advice I received and the response was EXCELLENT,


 


Thank you,


 


Barbara

Expert:  Aston Lawyer replied 3 years ago.

Thanks!!!

AL
Customer: replied 3 years ago.

Hello Al,


Not quite finished yet. I made a mistake that in actual fact my two attorneys can act independently of each other. My solicitor tells me that all my friend needs to do is send in a letter of resignation to her which will then be kept with my papers etc.


As I did not want to appear ignorant and ask her for details I would like to find out exactly what I should put in the letter of resignation. Thought I would write it and then just let my friend sign it. Can you help again please ?


 


Best wishes,


 


 


Barbara

Expert:  Aston Lawyer replied 3 years ago.

Hi Barbara,

All the letter neds to say is that "I Mrs X of 2 High Strret hereby renounce my position as Attorney for Barbara Y as granted by me under the Enduring Power of Attorney dated xxx "

Signed

Date

Hope this helps.

Kind Regards

AL

Customer: replied 3 years ago.

Excellent. Thanks a million. You have provided a great service Al !!


 


Thanks


 


All the best


 


Barbara

Expert:  Aston Lawyer replied 3 years ago.

Thanks Barbara.

Best WIshes

AL

Customer: replied 3 years ago.

Hi Al,


 


Have rated your service as excellent on a number of occasions now, but still receiving Emails asking me to rate you. Hope you have received my positive feedback.


 


Best wishes


Barbara

Expert:  Aston Lawyer replied 3 years ago.

I have thanks, Barbara.

Kind Regards
AL