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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 13632
Experience:  I have been practising for 30 years.
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My father is going into hospital for a serious op. I was

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My father is going into hospital for a serious op. I was given his power of attorney back in 1990. Is this still valid?
JA: Where is your father? It matters because laws vary by location.
Customer: He is uk resident
JA: What steps has your father taken so far?
Customer: At the moment I just hold his power granted in 1990
JA: Anything else you want the lawyer to know before I connect you?
Customer: Only that if it is still valid would it be valid if he lost capacity after the op

Good morning. I will assist with your question - be aware this is an email not chat service therefore may be delayed in replying.

what was the reason for the POA 29years ago?

Customer: replied 3 months ago.
He travelled a lot for his job & wanted me to be able to make decisions on his behalf both in relation to health & financial matters if required

It depends what you had in 1990.

It was a Enduring Power of Attorney, then it is still valid.

It may not be valid if there was a restriction on it such as that it wasn’t to come into effect until the donor lost mental capacity or if it was for a particular event.

It was a simple Power of Attorney under the Powers of Attorney Act (usually one-page) it would normally (but not necessarily) before one function or transaction but in that case, only lasts 12 months.

It would not be a Lasting Power of Attorney because they have only been around for 12 years.

It’s highly likely that regardless of what it is, any institution that you try to use it with our simply going to say that you need an up-to-date Lasting Power of Attorney.

In any event, the old power-of-attorney would not normally allow you to make decisions on health and welfare, only finance.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.

FES

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Customer: replied 3 months ago.
Will do & many thanks
Customer: replied 3 months ago.
It was a general power of attorney. In accordance with section 10 of the POW Act 1971,

Thank you. It’s only valid for 12 months then. You are going to need a lasting power of in respect of finances and also health and welfare.

It’s 2 different documents.

Unfortunately, the process is not quick.

Here is everything you need to know: https://www.gov.uk/power-of-attorney

BUT you can always regurgitate the old document (retype it) and sign and date the new document today and that would be perfectly valid in respect of whatever you want to deal with for your father BUT don’t be at all surprised if the banks won’t accept it and they want a registered Lasting Power. There is no legal reason, it’s just their own quirkiness.

It will also not cover health and welfare.

Customer: replied 3 months ago.
Thank you again

No problem. I am glad to help.