The Attorney

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.

Who may be an attorney (also called Donee)?

A donee of a lasting power of attorney must be:

  • An individual who has reached 18; or
  • If the power relates only to P’s property and affairs, either such an individual or a trust corporation;
  • An individual who is bankrupt may not be appointed in relation to property and affairs.

Bankrupts

An individual who is bankrupt may not be appointed as a donee of an LPA in relation to the donor’s property and affairs but a bankrupt may however, be appointed as an attorney in relation to the donor’s personal welfare.

If a donee becomes a bankrupt during the attorneyship then the appointment is automatically revoked however, if the attorney is subject to an interim order then the appointment is suspended.

More Than One Attorney

Number of Attorneys

There is no limit to the number of attorneys whom can be appointed, though for practical reasons the greater number the more cumbersome it could become to make decisions on the donor’s behalf and to manage the affairs efficiently.

Joint and joint and several appointments

The instrument may appoint them to act:

  • jointly;
  • jointly and severally;
  • jointly in respect of some matters and jointly and severally in respect of others.

The essential difference between attorneys appointed to act jointly and those appointed jointly and severally is that the authority of joint attorneys can only be exercised collectively, whilst attorneys under a joint and severally appointment can act either together with the co-attorney or entirely independently.

If the instrument makes a joint appointment this will automatically come to an end when any one of the attorneys dies, disclaims or lacks capacity to act as it is no longer possible for the attorneys to act together.

Failure to make any specification will result in a joint appointment.

Replacement Attorneys

An instrument used to create a lasting power of attorney:

  • Cannot give the done power to appoint a substitute or successor but
  • May itself appoint a person to replace the done, where an original appointment has ended by a terminating event
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Maureen Brown – Power Of Attorney – Seatons Solicitors

Adrian Chambers - Seatons Solicitors

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

Enduring Power of Attorney – Why Using a Professional Makes Sense

When someone is unable to manage their financial affairs an Enduring Power of Attorney is a useful tool to enable someone else to take over this responsibility.

Court Rules On Inheritance

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.
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