As the population of England ages, there has
been an increase in the demand for the administration of the affairs
of someone who has become incapable of dealing with their affairs
personally.
If one has the foresight, it is possible to
choose who that administrator might be. Whilst one has full capacity
it is possible to sign an Enduring Power of Attorney to appoint
one or more Attorneys to deal with your affairs. You can appoint
more than one attorney and if so you will need to decide whether
they may act separately from each other or jointly only. You may
also decide whether the attorneys are to have immediate power
to assist you, or whether their powers are to be deferred until
such time as you might become incapable. If the donor becomes
incapable, the Attorney is required to register the document with
the Public Guardianship Office, before it becomes effective. This
procedure is straightforward, and offers a safeguard to the donor
as he or she has to be notified of any attempt to register the
Power of Attorney.
An Enduring Power of Attorney can also include
specific powers for your Attorney, or limitations on the extent
of your property which they are authorised to administer. As a
protection against the frailties of old age they are an excellent
safeguard, and above all, they are cheap to prepare, and to administer.
In many instances however, there is no Enduring
Power of Attorney in existence when someone becomes incapable.
In such a case it is open for a close family member or friend
to apply to the Public Guardianship Office for the appointment
of a Receiver. This is can be a lengthy and costly procedure compared
with the use of an Enduring Power, however the function of the
appointed Receiver is similar. However the Receiver is often given
only limited powers by the Court, and must ask for further directions,
if the powers are not sufficient.
Nick Pinks and Judith Humphreys are both very
experienced in the preparation of Enduring Powers of Attorney,
applications to the Public Guardianship Office for the appointment
of a Receiver or the Registration of an Enduring Power of Attorney.
Nick Pinks has been a member of the panel of Solicitors who have
been approved for the appointment as Receiver and currently administers
over 30 estates of those who have become incapable of managing
their own affairs.
If you would like advice on the preparation
of an Enduring Power of Attorney, registration of a Power, or
on the matter of a Receivership application, please contact either
Nick Pinks or Judith Humphreys.
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