Power Of Attorney ???
Q: Could someone be kind enough to tell me how to go about getting Power of Attorney for my father, where do I start? If more details are necessary please email me, the details are a bit delicate
A: The type of Power of Attorney will depend on the reasons for wanting to grant the power. You can grant a Power of Attorney to allow, for example, someone to manage your financial affairs. The Power might be limited in time. It may be the case that the Power grants authority for so long as the Donee (the person granting the power) wishes. The important thing to realise is that a Power of Attorney comes to an end if the Donee (the person granting the power) becomes mentally incapacitated. Only an Enduring Power of Attorney will continue to be valid after the Donee becomes mentally incapacitated. The problem with many an Enduring Power of Attorney is that relatives fail to arrange for the Donee to sign the document in time. Once the person looses mental capacity they cannot then sign the Enduring Power. Under these circumstances, it is necessary to make an application to the Court of Protection for permission to act on their behalf. In these circumstances, the Court of Protection will usually require a Solicitor to be appointed to act on behalf of the Donee. This can work out very expensive. Powers of Attorney are best drawn up by a Solicitor. Particularly in the case of Enduring Powers of Attorney it is necessary for the document to be in a "prescribed form". Any deviation from the prescribed form and the power is invalid. Most Solicitors charge around ?60 - ?120 for an Enduring Power of Attorney.
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