Power Of Atorrney

[Coldicote]

If an elderly person gives power of attorney to someone else, does that elderly person loose all rights over their own affairs, such as buying goods, writing cheques, controlling their savings accounts etc? Does any 'Abber' have experience of this please?

[bednobs]

only when they have lost capacity themselves

[Coldicote]

Apols for typing error - should of course read Power of Attorney.

[woofgang]

According to age concern,
http://www.ageuk.org.uk/Documents/EN-GB/Information-guides/AgeUKIG21_Powers_of_attorney_inf.pdf?dtrk=true
there are options if you just want someone to manage your day to day affairs but can make your own decisions. One of these is an "ordinary power of attourney"

This is NOT the "lasting power of attourney" that gives the holder the right to make all decisisions relating to someones money and property.

ordinary power of attorney
http://www.hmrc.gov.uk/manuals/idgmanual/idg52250.htm

[pixie373]

Yes, as woofgang says, it depends what sort. Lasting Power of Attorney can be Health and/or Finances.

[dzug2]

With a Lasting Power of Attorney (financial) they retain the right to manage such part of their affairs as they wish

They should of course agree with the attorney who does what - which can lead to difficult situations when they are losing capacity but don't realise it.

When I had PoA for MiL I would not write cheques for gifts myself, but would arrange for her to do itself - maybe writing the cheque for her to sign if she was feeling particularly frail. That way there was no danger (well less) of being accused of siphoning off funds.

[Coldicote]

Thank you for these comments. There is obviously a lot to think about. Attorneys should not be allowed to do just as they like with someone else's resources/money etc. I would like to see rules governing what they may or may not do and who decides when a person is incapable of making their own decisions.

[pixie373]

It's decided by doctors and psychiatrists under the Mental health act. But you can sign over your rights whenever you want to.