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Power of Attorney

Types of Power of Attorney

power of attorney

There are several types of Power of Attorney. 

However in all cases you should only ask someone to be your Attorney if you trust them implicitly. 

It is possible to limit the areas in which the Attorney can operate.

1.  General Power of Attorney

Use this to enable some-one else (called your "Attorney") to deal with all property in your sole name, including land and bank accounts. It ceases to be valid on your death or if you revoke it. It also ceases to be effective, if you become mentally ill. Then, an application to the Office of the Public Guardian ('OPG') for a Receivership Order needs to be made. This is an expensive procedure.

2.  Trustee Power of Attorney

If you own property with someone else, use this to enable your Attorney to deal with your interest in that property. You cannot appoint your co-trustee. It ceases to be valid on your death or mental incapacity or if you revoke it.

3.  Enduring Power of Attorney

These cannot be created any more but on old ones, created before October 2007, your Attorney can continue to use it to deal with your affairs and property, whether owned in your sole name or which you own with a co-trustee. It ceases to be valid on your death or if you revoke it. There are certain procedures to follow, if you become mentally incapable of dealing with your affairs. See Enduring Power of Attorney 

4.  Lasting  Power of Attorney

A Lasting Power of Attorney (“LPA”) is the modern document by which one person (“the Donor”) gives another person or persons of his choice (“the Attorney”) the power to act on his behalf and in his name i.e. to manage his affairs, even after his mental incapacity . See Lasting Power of Attorney

 

Revocation of Power of Attorney

You can withdraw or revoke a power of attorney at any time, provided you still have mental capacity.

 

Call,  to set up a fixed fee meeting

  • one of our LPA (Lasting Powers of Attorney) Team 

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  • 0845 270 2511 

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