Power of Attorney
Powers of Attorney provide the means by which a person (the “Attorney”) is empowered to act on behalf of another (the “Donor”).
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LASTING POWERS OF ATTORNEY
With a simple Power of Attorney, the Donor may designate its Attorney to sign documents on its behalf for a particular purpose (eg signing a contract for the sale/purchase of a house) as a matter of convenience (eg the Donor may be temporarily out of the country on holiday at the time of the signing). Such a Power of Attorney comes to a natural end when the event (eg the signing) has been carried out; alternatively, the Power of Attorney ceases to apply if the Donor loses its mental faculties.
A significant and relatively recent development in English law is a Lasting Power of Attorney (LPA). There are two types of LPA: one empowering the Attorney in relation to decisions relating to the Donor’s property and financial affairs and the second, empowering the Attorney in relation to decisions relating to the Donor’s health and welfare. Any LPA can only have effect once it is registered with the Court of Protection but, once that registration is done, the LPA can continue to be used by the Attorney after the Donor loses its mental faculties.
Where an LPA is being considered by members of a family, it is important to appreciate that the Donor must be of sound mind when he or she signs up for it. Where the Donor has already lost their mental faculties, a would-be attorney would need to pass through a more convoluted process and apply to become a Deputy of the Court of Protection with attendant greater responsibilities in respect of the Donor.
With its extensive experience in dealing with clients who wish to be Donors or Attorneys in the context of simple powers of attorney, lpa or deputyship, Fitz Solicitors will provide a sympathetic ear, patience and informed advice on the most appropriate action in these potentially stressful circumstances.