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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....
Does the attorney need to be a solicitor?
No, this is not necessary. Of course this may be a possible choice if there is no one else suitable who fits the appointment criteria....
Can a relative be an attorney?
Yes, relatives are often appointed as attorneys....
What is an ordinary or general power of attorney?
This type of power of attorney is used when a donor appoints an attorney(s) to take care of property and financial matters only. Usually, an ordinary power of attorney finishes when the donor has lost the ability to control his or her assets....
What is a lasting power of attorney?
The lasting power of attorney (LPAs) documents were initiated under the 2005 Mental Capacity Act and first came into use on 1st October, 2007. LPAs have replaced enduring powers of attorney (EPAs). They were introduced to cover the time when the donor has lost capacity to attend to his or her own financial, personal or business affairs. They are cal...
Is it necessary to replace my EPA with an LPA?
You do not need to replace an enduring power of attorney (EPA) if it was created before October 2007, but an EPA does not provide quite the same amount of protection as a lasting power of attorney (LPA)....
Who can be appointed under a lasting power of attorney?
Generally, family members or trustworthy friends can be authorised to make decisions on the donor’s behalf. The lasting power of attorney (LPA) is first created and then registered with the Office of the Public Guardian....