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Topic: Re:Re:Re:Power of attorney
Posted by: Gervase Harson
Date/Time: 13/10/15 20:10:00

Whilst a Lasting Power of Attorney can indeed be filled in relatively easily, it would need to be signed by a `Certificate Provider` - that is, someone independent of the parties that would certify that the person making it (known as the donor) understands the nature and effects of it and nobody was pressurising them to sign it.

That person would typically be a lawyer or a doctor, but need not be. If the donor has had a serious stroke, mental capacity may well be an issue, and so great care is required with the DIY route.

If the person now lacks sufficient mental capacity to create a Lasting Power of Attorney, then a different procedure would be required  – namely an application to the Court of Protection by somebody else for authority to manage their affairs.

This process is time consuming, expensive and intrusive. Whilst no consolation to those involved, it serves as a reminder that it is most sensible to draw up Lasting Powers of Attorney whilst one is mentally fit and well. 

Entire Thread
TopicDate PostedPosted By
Power of attorney 13/10/15 17:48:00 Elizabeth Jane Daley
   Re:Power of attorney 13/10/15 18:08:00 Robert Fish
      Re:Re:Power of attorney 13/10/15 18:15:00 Mark Perry
         Re:Re:Re:Power of attorney 13/10/15 20:10:00 Gervase Harson
            Re:Re:Re:Re:Power of attorney 13/10/15 20:54:00 Elizabeth Jane Daley
               Re:Re:Re:Re:Re:Power of attorney 13/10/15 21:35:00 Sandie Goodman
               Re:Re:Re:Re:Re:Power of attorney 13/10/15 21:41:00 Gervase Harson
                  Re:Re:Re:Re:Re:Re:Power of attorney 14/10/15 07:22:00 Andy Pease
                     Re:Re:Re:Re:Re:Re:Re:Power of attorney 14/10/15 08:23:00 Alison Neary
                        Re:Re:Re:Re:Re:Re:Re:Re:Power of attorney 14/10/15 13:32:00 Lou Valdini
                           Re:Re:Re:Re:Re:Re:Re:Re:Re:Power of attorney 14/10/15 15:48:00 Elizabeth Ross

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