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Enduring power of attorney

Enduring power of attorney

Postby Legaleye » Thu Feb 08, 2018 2:55 pm

My mother-in-law has lived with my wife and I for two years (she is nearly 102) we look after her daily needs. My wife has two sisters and two brothers, my wife is the second youngest child and youngest daughter.
Not long after my M-I-L came to live with us my wife applied for power of attorney, this was on the advice of the DWP so she could handle my M-I-L’s financial affairs with the DWP, my wife does not have any other power of attorney, only for dealings with the DWP.
We have just found a will my M-I-L made in 1997, the will says her eldest daughter (Leslie) has enduring power of attorney, also that everything is to be left to her surviving children, but should one of the children die before my M-I-L their share would go to their child/children.
My question is, who is legally responsible for my M-I-L’s finances regarding any benefits involving the DWP, is it my wife or her elder sister who has enduring power of attorney?
May I point out that my wife will be contacting her sister to inform her that she has enduring power of attorney, they are no problems in the family regarding my M-I-L’s finances, but obviously my wife doesn’t want to knowingly break any laws.
Thanks
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Re: Enduring power of attorney

Postby gid » Thu Feb 08, 2018 3:21 pm

Was the enduring power of attorney registered?
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Re: Enduring power of attorney

Postby Legaleye » Thu Feb 08, 2018 3:47 pm

I’m not sure if it was registered or not, it’s only just come to light when my wife and her mother read the will.
The will is signed (witnessed?) by a local solicitor and his secretary, I believe that solicitor is deceased now.
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Re: Enduring power of attorney

Postby gid » Thu Feb 08, 2018 4:18 pm

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Re: Enduring power of attorney

Postby Legaleye » Thu Feb 08, 2018 5:01 pm

Thanks gid.
I’ve had a quick read of your link, I can confirm that the EPA has not been registered.
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Re: Enduring power of attorney

Postby atticus » Thu Feb 08, 2018 5:19 pm

That needs to be done.
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Re: Enduring power of attorney

Postby Legaleye » Thu Feb 08, 2018 7:15 pm

I read the enduring power of attorney document, it says it will be held in the solicitors office (and gives the address).
My wife is only concerned at the fact she signed a document sent to her by the DWP saying she has power of attorney for her mother’s financial dealings with that department, will this cause any problems with there being an enduring power of attorney?
My understanding of enduring power of attorney is that it means nothing until such time as my M-I-L is incapable of running her own financial affairs, then the named attorney invokes their power to run things for my M-I-L, is this correct?
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Re: Enduring power of attorney

Postby atticus » Thu Feb 08, 2018 9:03 pm

Have a word with a solicitor who practices in this area. She will give you good advice.
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Re: Enduring power of attorney

Postby Legaleye » Fri Feb 09, 2018 11:01 am

Ok, thanks atticus.
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Re: Enduring power of attorney

Postby dls » Tue Feb 13, 2018 1:49 pm

I do not understand what a will is doing appointing an attorney. A will 'proper' takes affect from death only.

It must be a living will (a very different thing)
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