Terms & Conditions

[spirit]

We are having real problems finding any legislation to cover the question/query we have regarding POA and claim forms.

Claim form is received, completed by POA and that person with POA has signed the box to confirm they have completed the form on behalf of someone else.

Should that person also sign the clmnt’s signature box as they have POA for that person, should the clmnt be requested to make a sign even if it’s just a X in that box or should that box be left uncompleted as it currently is?

Thanks guys

[jmembery]

I think that it is just the person making the claim that needs to sign. I.E the person who has power of attorney.

[petedavies]

If it is PoA the duties of the claimant are, effectively, being conducted by the attorney. There is no need for your claimant to sign and I do not think, lawfully, you could require it.

The usual sig would take the form of J. Smith (as attorney for J. Bloggs) although I do not think that this is an absolute legal requirement.

[Anonymous]

Holding Power of Attorney means that, legally, the attorney acts for the claimant. HB reg 82(2) prescribes that the attorney “may make a claim on behalf of that person”. To my mind that means they sign the form as if they were the claimant. I can’t see it any other way; the attorney is acting on behalf of the claimant as they can’t do it themselves.

[spirit]

Thanks guys, we thought that was the case, just wanted to be sure and get some other opinions to make sure we were legally correct.

[Lydia Wills]

As far as I am aware the claimant themselves can no longer sign for a claim if they have someone with POA who is acting on their behalf. This I beleieve is because that person can no longer act for themselves and could therefore make a claim for something they are not entitled to and with incorrect information.

That said I have a claim which has been signed by the claimant although the form was completed by a support worker for the housing association. At the start of the application I advised that the POA needed to apply and sign the application. The support worker has not taken my advice and has provided a claim completed by her and signed by the customer.

Can I accept this application?

[petedavies]

The short answer is yes but

A PoA is a very specific authority and I would be a little surprised if the support worker has such an authority. If so I cannot see why the claimant would sign at all. If the claimant is unable to act then, if there is no PoA, in existence it is for LA to appoint someone to act on the claimant’s behalf.

I suspect that what you have is a claim form completed by a third party with the claimant having verified that the information contained in it is correct. There is nothing at all wrong with this.

[Lydia Wills]

Thanks for the reply. Perhaps I did not explain my question clearly but the claim form has been completed by the support worker, not the POa. The form has been signed by the customer who is unable to deal with his affairs. The DWP hold POA details for the customer. DWP used to not accept claims where there is a POA unless the POA signs. The support worker/housing association are of course not POA.

Any more thought on this one please?

[petedavies]

The pivotal question is whether your claimant can act – or more accurately, whether you have made a decision to this effect. If the answer is yes then I still think the the claim is OK (I am not aware of anything which prevents a person acting for themselves even if they have appointed an attorney to do so unless the power itself is irrevocable).

If the answer is no then my view is that the claim MUST be made by the attorney.

[Author]

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