Personal Affairs Categories

Personal Affairs Help Guides

What can an LPA not do on behalf of the donor?
The attorney is not permitted on a donor’s behalf to: consent to a marriage or civil partnership; consent to the granting of a decree of divorce based on a two-year separation; consent to the making of a dissolution order on the two-year separation of a civil partnership; consent to placing a donor’s child for adoption or consent to the adopting of...
What is the role of a replacement attorney?
A replacement attorney is someone that the donor is permitted to appoint in an LPA, just in case the chosen primary attorney is unable or not willing to act on behalf of the donor. The donor does not have to appoint a replacement attorney, but if this has been done, it is important for the donor to indicate the circumstances when the replacement att...
Does the attorney need to be paid for carrying out the job?
An attorney is not seen as a paid appointment, so no payment is required, but it is legally possible to pay an attorney if the donor wishes. In some cases, a donor may appoint a solicitor to act as his or her attorney. In this case, normal solicitors' rates will apply....
What qualifications are required for an attorney?
The attorney has to be considered a capable adult. He or she cannot be the owner, operator or employee at a nursing home or other care facility where the donor resides....
Is the power of attorney valid once the donor has died?
No, the power of attorney is no longer valid once the donor dies....
What are the attorney's responsibilities?
The responsibilities of a donor’s attorney include making sure the property is maintained in good order, paying any bills, collecting any regular benefits, giving gifts as required on behalf of the donor, handling the donor’s tax matters, making mortgage repayments if required and selling the donor’s house. The attorney is expected to keep the donor...
What is the procedure when an attorney wants to relinquish the role?
If the LPA has not been registered, the attorney only needs to send a formal notice to the donor stating that either he or she wishes to no longer act in the attorney role. If the LPA has been registered, the attorney needs to send a formal notice to the donor and the Office of the Public Guardian....
Who is a donor?
The donor is an adult who executes a power of attorney when he or she requires somebody else to act on his or her behalf. The donor must possess the capacity to make rational decisions at the time the power of attorney is executed (signed)....
Who is an attorney?
The person the donor appoints is called the attorney, who acts on behalf of the donor....
When may it be necessary to register a power of attorney?
If someone is getting close to old age, it may be necessary to consider giving a power of attorney to someone else who can be trusted to manage the donor’s estate. There are other times when it may be necessary to draw up a power of attorney; for example, if the person is told he or she has dementia, a terminal disease or has had a serious accident....