Enduring Power Of Attorney???
Q: Am I correct in assuming that all that is involved in getting enduring power of atorney where the donor is alive and sane, is to get the correct format papers signed and witnessed? Do I actually need a solicitor to be involved prior to having to register the power at a later time should the donor become incapable. The reason for the question is that I took a signed form to my mothers Building Society and they would not accept it without some form of solicitors stamp.
A: An Enduring Power of Attorney is a form you write out while you are capable of making decisions which indicates to the courts who you would trust to make decisions for you if you become incapable. I don't think you need a solicitor, but your mother must be careful to fill it out and witness it correctly or it will have no value. If she becomes senile, you can take the form to the courts and they may ratify it to allow you to make limited decisions on her behalf, for example to sell the house to pay her Nursing Home fees. While you are about it you (and everyone reading this) should make out a Enduring Power of Attorney form for yourselves, there is no telling when incapacity in the form of a head injury or stroke may strike.
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