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?
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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.
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 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.
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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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.