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An Enduring Power of Attorney is an instrument whereby one person (the donor) may empower one or more others (the attorney(s)) to manage and administer his property and affairs.
Completion of an Enduring Power of Attorney form is required. Great care is necessary to ensure that the form is completed correctly: in particular, it is imperative that the correct form itself is used, referring to the latest regulations, or this will automatically invalidate the power.
The donor must have sufficient mental capacity to understand the significance of signing a Power of Attorney.
The donor must decide whether he wishes to appoint one or more attorneys. If he appoints more than one, their appointment may be joint or joint and several. If attorneys are appointed to act jointly they can only act together. Accordingly if one attorney dies, the power fails.
If attorneys are appointed jointly and severally they may act together but they can also act individually.
The donor may give his attorney(s) power to deal with all or a limited section of his property and affairs. He may grant the attorney(s) unlimited power in managing those affairs and property; or he may limit the power as he sees fit.
Execution of the form enables the attorney(s) to act straightaway if the donor so wishes, unless (a) he agrees otherwise with the attorney(s) or (b) he limits the power to take effect only in the event of his mental incapacity.
If at any stage the attorney(s) have reason to believe that the donor is, or is becoming, mentally incapable, they are obliged to register the power with the Court of Protection. After registration the attorney(s) may continue to act in accordance with the power.
Contact Mrs. Hilary Buckle or e-mail on hilary@barrettandco.co.uk.
