Power of Attorney

[Coldicote]

I know this topic has been on AB before but would like to put a specific question. In arranging Power of Attorney one must have a Certificate Provider (to certify that one understands) and nominate a 'person or persons to be told'. Told what? What is the pupose of 'person(s) to be told' and do they have particular duties or responsibilities?

[evil__sheep]

in my understanding, the persons to be told is a safeguard for the person giving POA. In the event that the POA is activated, these people are told that it is being activated. So for example. my mum and dad have nominated me as their poa, but it remains unactivated as they both have full capacity. When it is activated, my sister is one of the ones to be informed. This prevents me from registering it and selling their house or clearing their account for example cause she's bound to think "why has she registered it?" and ask them

[evil__sheep]

cause i'm not sure the person granting poa gets told when it's activated

[Coldicote]

Many thanks - it's not an easy subject.

[Coldicote]

This leads to another question - how is a Power of Attorney activated and by whom? Any further info appreciated.

[albaqwerty]

From what I remember when my borther was given POA to act on our mother's beha;f, the lawyer who drew it up gave him some paperwork which he then had to producto the bank and others to prove he was acting on her behalf. It was a long time ago so I'm sorry the exact details are sketchy.

[Coldicote]

Thanks Alba. If anything needs simplifying this aspect of law does.

[evil__sheep]

i don't think it needs simplifying - it's actually very simple. Either myself or my parent would send off the completed forms to the court of protection, then they would grant the POA

[dzug2]

It's activated by being registered at the Office of the Public Guardian. Once they send it back, stamped, it's ready for use.

You don't have to nominate anyone to be told - but if you don't an extra certificate provider is needed.

The present system is a little more complicated than the one it replaced. Its aim was to reduce fraudulent applications

[Coldicote]

Thank you. Once one understands how these things work, it's not so bad. I hadn't fully appreciated the role of the Office of the Public Guardian.