If an individual loses the capacity to manage their own affairs and make important decisions and they have not legally appointed someone to act as their attorney, it may be necessary to apply to the Court of Protection for a deputyship order. When someone...
At BakerLaw LLP not only do we specialise in advising and preparing Lasting Powers of Attorney, but we are committed to providing an ongoing advice and support service to Attorneys.
An Attorney has an important role with great responsibilities. The importance of a Power of Attorney is becoming more widely recognised and publicised. People’s finances are becoming more complex and with increased life expectancy growing, not only is having a Power of Attorney vital but also knowing what duties are placed on an Attorney, and what powers they have in their role, has become essential.
It is important for those who are looking to prepare a Lasting Power of Attorney, and those who are, or will be an Attorney, to be aware of the duties and responsibilities placed on them. Depending on what type of Power of Attorney is in place (Lasting Power of Attorney for Property & Financial or Health & Welfare or Enduring Power of Attorney) the duties will vary. For example, Can an attorney :
- sell or purchase property?
- access the Donor’s medical records?
- act as a Trustee in place of a Donor?
- request a copy of the Donor’s Will?
- make gifts on behalf of a Donor?
- undertake tax planning on behalf of the Donor?
How we can assist
We have a specialist team who can advise on all aspects relating to Powers of Attorney; from preparing the documents to offering guidance and support for Attorneys (both generally and in relation to specific action they wish to take),advising on the misuse of a Power of Attorney or advice if an Attorney is subject to an investigation by the Office of the Public Guardian.
Our services include:
- Advice in relation to the intended action of an Attorney (i.e. selling property)
- Advice before an Attorney starts acting to clarify their role, responsibilities and what they can and can’t do
- Preparing and submitting applications to the Court, where required
- Advice if the Office of Public Guardian have commenced an investigation into the actions of an Attorney
- Acting as a professional Attorney to ensure impartiality
Seminars and Newsletters
If you are interested in receiving our quarterly newsletter aimed at providing information to Attorneys or would like to receive further details of our upcoming seminars and talks click here or email us on firstname.lastname@example.org.