Power Of Attorney

[VPetiteMiss]

Does Power of Attorney only take effect as and when a person is deemed legally incapatitated,- non compos mentis?
(I presume this has to be determined by a doctor).Are there any exclusions to this? Are there any clauses that can be added when the POA is set up to deem it active immeadiately? My mother is compos mentis and has recently set a POA up with my brother but he is acting immeadiately is this legal? He is making decisions for her in regards house etc. is this legal? My understanding has always been that the donor maintains their independence on all things eg financial and health until such time as they are declared unfit to do so, by their doctor or medical professional, is this correct? Can anyone advice my mother/me please? Many thanks

[ubasses]

The POA for Finance can be used while the Donor has full mental capacity as long as they have given the attorney permission to do so.
The one for Health can only be used when the donor has lost mental capacity.

[ubasses]

I have assumed you are referring to a Lasting Power of Attorney, it must also be registered with the Office of the Public Guardian.

[Buenchico]

You've not specified whether the power of attorney is 'ordinary' or 'lasting'.

An ordinary power of attorney gives someone else the authority to act on your behalf but only while you're still able to oversee their actions.

A lasting power of attorney (which is probably what you're referring to) only kicks in when either:
(a) the person who consented to the power of attorney is no longer able to manage their own affairs ; or
(b) that person simply decides that they no longer wish to manage their own affairs (even though they're still able to do so).

So your brother is acting legally if either:
(i) your mother signed an ordinary power of attorney ; or
(ii) she signed a lasting power of attorney and has also attested that she no longer wishes to manage her own affairs.

However if your mother signed a lasting power of attorney but has not attested that she no longer wishes to handle her own affairs, your brother is not empowered to act on her behalf.

http://www.ageuk.org.uk/money-matters/legal-issues/powers-of-attorney/power-of-attorney/

[sddsddean]

If I were you, I would contact the Office of the Public Guardian (phone number on this page) https://www.gov.uk/government/organisations/office-of-the-public-guardian on Wednesday and voice your concerns. I can't remember if your brother is actually doing things illegally or just immorally. Ask the OPG their advice...they have always been very helpful to me.

[VPetiteMiss]

Thank you all for your answers, they have helped my mother and I to have a better understanding. Clearly, the type of Attorney needs to be determined/clarified for me to now best advise my mother.
Thank you.