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Powers of Attorney
So many people take steps
to protect their family by making a Will, taking out life cover
and arranging a pension. However, they fail to consider who would
manage their affairs if they suffered from illness, accident
or a protracted absence. If this happened to you how would your
family cope?
Below explains how you can authorise
someone to handle your affairs if this was to happen to you:-
1) Somebody authorised
to act for you in respect of your financial affairs is called
an Attorney. The document this authority comes from is a Power
of Attorney.
2) You will need to
choose the type of power to grant. There are two types of Power
of Attorney, General and Enduring. The General Power is usually
only used to authorise someone to act on a one off basis. It
fails to be effective if the person who originally gave it becomes
incapable of managing their affairs. Quite often this is just
when it is needed most. Therefore, an Enduring Power of Attorney
is usually the favoured option. |
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3) You will need to
choose your Attorneys. We suggest you have two. They can act
jointly and severally or jointly. We will advise you on these
options. A Solicitor from Alexander Bosher will act should you
so wish. If you do not have professional Attorneys, you will
need to choose completely trustworthy persons to act.
4) You will need to
decide whether there are to be restrictions included in the Power
so that it only comes into force should you suffer mental incapacity
in the future. It is also possible to limit the authority. We
will advise you on this.
5) Once executed,
your Attorneys will be able to deal with your business and private
financial matters should yo be unable to do so. If you make a
recovery you can seize control again. You can cancel the Enduring
Power of Attorney at any time.
6) If you fail to
make a recovery, your Attorney has a duty to register the Enduring
Power of Attorney with the Court of Protection. We could help
you with this. You would no longer be able to cancel the Enduring
Power of Attorney once it was registered.
What Now?
An Enduring Power of Attorney is a relatively cheap and effective
way of arranging your affairs so that there is help for you and
your family should you need it in the future.
For more information
or to arrange an informal discussion, please Contact
Us:
Alexander Bosher
is the trading name of AWB Solicitors LLP
Partnership No. OC305990
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