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Powers of Attorney

Warners have the expertise needed to prepare, register and administer powers of attorney.  Warners are also happy to act as attorney if so requested.

Lasting Powers of Attorney

Lasting powers of attorney were introduced by the Mental Capacity Act 2005 and replace the old regime of enduring powers of attorney.  Lasting powers of attorney came into force on 1 October 2007.  Lasting powers of attorney allow you to make advance arrangements to ensure that if an accident or illness were to affect your mental capacity to act or make decisions for yourself, your personal and business affairs and/or your welfare are attended to by a person or persons of your choosing.

Lasting powers of attorney allow you to delegate all decisions that you would normally be able to make to your chosen attorneys.  This ensures that somebody who you trust is making decisions on your behalf in the event that your mental capacity means you can not make these decisions yourself.  Without a lasting power of attorney a Court application has to be made to appoint a deputy.  The person(s) named as deputy are chosen by the Court and not by you and, accordingly, could be someone you would not ordinarily choose to make such decisions.

Enduring Powers of Attorney

No new enduring powers of attorney can be created (the deadline for creating these documents was 30 September 2007).  Existing enduring attorneys can, however, continue to be used, whether or not they have been registered.

If the donor of an enduring power of attorney is losing, or has lost, their mental capacity then the chosen attorneys are under an obligation to register the enduring power of attorney with the Office of the Public Guardian.

If the enduring power of attorney is unregistered, the attorneys can still act on the donor’s behalf with their consent.

Warners would be happy to assist with the registration of an enduring power of attorney.

Administration of Powers of Attorney

Where Warners are appointed as attorney under a power of attorney we will administer the donor’s affairs either with their consent (whilst they still have capacity) or after the loss of their capacity.

Warners as Attorneys

Warners are happy to act as attorney where requested.  This can be especially useful if you do not want to burden your family and/or friends with the responsibility or if you want to ease that burden by appointing Warners to act alongside your family and/or friends.

In addition, lasting powers of attorney allow you to name substitute attorneys who would only act if your first choice attorneys were unwilling or unable to act themselves.  Again, this is a role that Warners would be willing to take on.

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