Guidance For Financial Organisations

Hello, I am Adrian Chambers and I’m a specialist in creating Power of Attorneys. Have you ever considered what would happen to your home and savings if you struggled or became physically or mentally incapable of looking after your personal and financial affairs?

I can provide you with effective legal advice. Our fast, reliable and efficient service is helpful and friendly. We offer sensible and competitive legal fees.

Please call me for a free no obligation chat about your Power of Attorney on 01536 276300 or use our online enquiry form.

From time to time, financial organisations will come across different powers of attorney.  This guidance has been prepared by Solicitors for the Elderly, a national association of lawyers whose members specialise in advising older and at risk clients.

Types Of Powers

There are three types of powers of attorney that can be used in England and Wales:

  • An Ordinary power, which is made under the Powers of Attorney Act 1971 and will end if the maker of the power subsequently loses mental capacity. If the document includes the power to delegate trust powers the authority in respect of these powers is limited to a 12-month period.
  • An enduring power, made before the 30th September 2007, under the Enduring Powers of Attorney Act 1985. These powers can be used as an ordinary power where the maker has mental capacity, and survives any subsequent mental incapacity of the maker, provided it is registered at that stage either with the court of Protection (if the registration occurred before 30th September 2007) or the Office of the Public Guardian (if registered after 1st October 2007).
  • A property and affairs lasting power of attorney, made after the 1st October 2007, under the Mental Capacity Act 1005, which must be registered with the Office of Public Guardian before it can validly be used. Unlike the enduring power, registration does not indicate that the maker of the power lacks mental capacity either the donor or the attorney will be able to sign unless the power indicates otherwise.
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Power Of Attorney Specialists

Hello, my name is Adrian Chambers and I am a solicitor who specialises in creating and advising on Powers of Attorney.

I can offer a low cost legal service and aim to sort everything all out for you quickly and easily. Property and Affairs Power of Attorney is the most common one used and it gives you peace of mind should you ever need someone else to look after your affairs.

If you’re thinking about making a Power of Attorney, contact us via telephone on Corby 01536 276300 or use our online contact form.

Latest Articles On Powers Of Attorney

Court Rules On Inheritance Of Attorney Who Made Unauthorised Payments

Attorneys have a duty to act in the best interests of the Donor (person who gave them the Power to act as Attorney).  This includes only making gifts which the Donor would ordinarily have made for seasonal purposes and only then with regard to the Donor’s funds at the time.

Court Decides True Wishes of Pensioner in Minimally Conscious State

In a minimally conscious state, a 72-year-old woman was unable to tell anyone what she wanted in terms of medical treatment or intervention, this left the court to decide on her behalf, taking into account what she might have wanted.

Power of Attorney – The Importance of Getting it Right

A Power of Attorney is a useful method protection if you become unable to deal with financial matters yourself. However, nominating a loved one to take on this responsibility may not always be the best option, it may be wiser to use a good lawyer instead as the following case demonstrates.

Powers of Attorney – This Is Why You Should Appoint an Independent Solicitor!

A case in which a son abused his power of attorney to squander £230,000 of his frail mother’s money underlined the wisdom of employing an experienced lawyer – rather than a loved one – to manage your finances if you lose the ability to do so yourself.
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