Educate me on power of attorney

I have all the forms done and it all sent back and it’s been in the filing cabinet for about 5 years. My mum is wanting to move to a retirement flat and got her house valued. Estate agent concerned mum lacks the judgement to decide this so I need to activate power of attorney. To be honest I was hoping to just do it with her but…seems not.

So what happens when I activate it? Does she then lose all ability to control anything? Or do I show the estate agents the paperwork etc and that’s it? Anyone been through it got any tips?

I think you just need to proove to the agents you have POA…?

EDIT, wrong link

https://www.gov.uk/lasting-power-attorney-duties/proving-your-lasting-power-of-attorney

I had it for both my parents and still for my mother and I act as her attorney now. She is not gone but she could not cope with financial matters, housing etc so I do that.

If it’s all registered then it should be just a case of you showing the PoA to the relevant parties and start to act.

This is useful

https://www.gov.uk/lasting-power-attorney-duties

I found this bit somewhat bizarre – and it was really hard to find out what you were meant to do but worked it out in the end –

You have power of attorney – you are authorised to act on her behalf so when you feel it is appropriate you can do so. Nothing needs to happen, you don’t need to report that you’re doing it or tell anyone.  It doesn’t mean you have to act on her behalf for everything.  She can continue to do stuff alongside you.

Depending on what the organisation is they might require you to fill in some forms and usually want to see the PoA doc (banks can be quite heavy on admin on this) but others you just show them – that should b enough for the estate agent.  (they usually take a copy to record why they’ve let you act).

First thing you should do is go to a solicitor and get some certified copies of it made – which the solicitor should sign and stamp on EVERY page.  You really don’t want your only copy going missing in the post, or some company taking ages to post it back to you.

You really don’t want your only copy going missing in the post, or some company taking ages to post it back to you.

It sounds like the OP had it done recently enought for it to be digital now, so they shouldnt need to pay a solicitor for a certified copy:

If your LPA was registered on or after 1 January 2016, you can let companies and organisations view an online summary of the latest version of the LPA.

You’ll need to create an online account to generate an access code for each LPA.

Companies and organisations can use the access code to view a summary of your LPA which includes:

if it’s still valid and registered
the donor’s name, address and date of birth
the attorneys’ names, addresses and dates of birth
how decisions are made by the attorneys
the donor’s instructions and preferences

https://www.gov.uk/lasting-power-attorney-duties/proving-your-lasting-power-of-attorney

Great advice thanks guys so I literally just show the forms to estate agent and they are covered….tip of getting some copies from solicitors is a good one.

There are 2 types of LPA, basically finances and health decisions.

You can activate financial decisions if person still retains mental capacity for those decisions .. if health, soon as they assessed as lacking it.

There are two, one for health & welfare and one for finances, you’ll be needing POA for finances to act on her behalf with regards to a house move.

You will need to show the original POA to the relevant people in the finance process.

Is anyone else named in the POA in terms of the decision making?

If your mums not in agreement, someone (not the estate agent) should assess your mother as lacking in capacity in relation to her house sale.

https://www.gov.uk/lasting-power-attorney-duties/property-financial-affairs

Cool, so I have the finance one, I can activate and online account to “display” it to those that need it and I can just use it as and when required….

Great, thanks guys I was going round in circles online!!

Is anyone else named in the POA in terms of the decision making?

No, my family are not very good at living, it’s a wonder I am still here tbh ?

If your mother is still capable of some decision making she can certify copies and save paying for a solicitor

https://www.gov.uk/power-of-attorney/certify

Personally i didn’t bother with a copy but I never sent the original off, if  say a bank needed a copy I took it in and they copied it there and then.

As an attorney for my father I am a little surprised that an estate agent can determine your mothers mental capacity.

It may be she does not have capacity, however I would expect that to be assessed by a professionally qualified medic, not a seller of houses

Solicitors would only assess a persons mental capacity regarding financial decisions as anyone else selling goods or expecting someone to sign an agreement would, there is a presumption of capacity .. but if the solicitor felt the person lacked it they would ask an appropriate professional to assess it – typically a social worker or GP.

Confirmation of a valid LPA is held by the Office of the Public Guardian. I wouldnt stress too much if you have lost your own copy, you can just email them for confirmation.

https://www.gov.uk/government/publications/how-to-be-an-attorney/how-to-be-an-attorney-property-and-financial-decisions

That link might help?
(My sister and I have LPA for my Mum, we’ve not had to use it yet)