Although following the mental capacity act no new Enduring Powers of Attorneys can be created, there are still a large number of Enduring Powers of Attorney signed prior to 2007, which remain valid.
The law regarding Enduring Powers of Attorney states that although the document is valid immediately it is signed, if the person who made the Enduring Power of Attorney loses or is losing the mental ability to manage their property and finances, the attorneys have a legal duty to register the document with the Office of the Public Guardian.
If you are an attorney under an Enduring Power or Attorney it is important that you comply with these legal requirements.
Our Solicitors can assist you with the registration process and also advise you as to the ways in which the Enduring Power of Attorney can be used whilst registration is taking place.
Alternatively, you may be aware of somebody who is an attorney for a friend or relative of yours and be concerned that they are not acting in your friend or relatives best interest. There is a procedure by which you can apply to have them removed as attorneys. Our Solicitors would be happy to advise you about this.
Contact us for more information.