When having a Will prepared, you may also wish to consider executing a Power of Attorney.
What is a Power of Attorney?
A Power of Attorney is a deed executed by an individual (“the donor) giving power to another individual, or individuals, (“the attorney(s)”) to act on behalf of the donor and carry out various functions on the donor’s behalf, usually in relation to the management of the donor’s financial affairs and property. The donor does not lose the power to manage his or her own affairs after making a Power of Attorney but merely shares the power with the attorney except where the donor loses their mental capacity. It is, of course, essential that there is complete trust between the donor and the attorney.
A Lasting Power of Attorney (“LPA”) continues in force even after the donor becomes mentally incapable of handling his own affairs provided it is registered with the Office of the Public Guardian. Two separate LPAs can be made: one relating to the donor’s property and financial affairs and the other relating to the donor’s personal welfare.
Appointing an attorney
We are able to prepare all the paperwork necessary to create a LPA . If you wish to appoint an attorney but do not have anyone who is willing or able to act then you can appoint a partner in Slee Blackwell. Appointing an attorney is relatively straightforward. The information we require to prepare a Power of Attorney is as follows:-
For a Lasting Power of Attorney (LPA) the following additional information is required:-
- The date of birth of the donor;
- Whether more that one attorney is to be appointed and, if so, whether they are to be appointed jointly (so that they must act together and all their signatures are required on documentation) or jointly and severally (so that one or more can act and one signature only is required on documentation);
- The names, addresses and dates of birth of the attorneys;
- Whether you want any replacement attorneys. If so, their names, addresses and dates of birth;
- Whether there are to be any restrictions on the attorney’s powers;
- Whether you want to give your attorneys any guidance;
- The names and addresses of up to five people you want to be notified in the event of the Power being registered with the Office of the Public Guardian (optional);
- A nominated certificate provider.
Meeting the donor
The donor of the Power of Attorney is our client so when we prepare the document we must meet them face to face to ensure that the nature and effect of the document is fully understood.
As we are local solicitors with a network of offices throughout North Devon, this should not be a problem. If it is not possible for the donor to call in to see us at one of our offices (Barnstaple, Bideford, Braunton, South Molton or Taunton) then we can arrange a home visit anywhere in the North Devon or wider Devon and Taunton.
