General power of attorney

[betterman]

Hi All,

The situation is as follows, my uncle is mentally incapacitated, he was living at home with his mum until she sadly passed away recently, so a decision had to be made between the family and his mum(my nan) in her final weeks as to who would look after him, it was decided my cousin would be suitable to do this and he also volunteered himself.

The problem is that my uncle who is in receipt of various benefits, was having them paid into his mums bank account, which has been closed, and in order for him to recieve his benefit in future my cousin has to gain power of attorney as my uncle is not capable of opening accounts etc....., he can however just about scribble a signature.

So we have purchased one of those lawpacks with a GENERAL power of attorney form in it, will that be enough for him to deal with his benefits for now as everything else is ok eg- the flat is paid for etc

[bednobs]

you WILL NOT be able to do this. Power of attourney has to be GIVEN rather than taken, and the giver has to have mental capacity when they give it, which is not the case here

[Buenchico]

As Bednobs indicates, a power of attorney has to be given by the person who is prepared to let others handle their affairs. In your uncle's situation a family member should apply to the Court of Protection, seeking to become a deputy:
http://www.direct.gov...fProtection/index.htm

Chris