A Power Of Attorney is the document which is used to allow someone to make decisions on behalf of another person. The most common use is to sign documents, make decisions or deal with finances. There are two distinct types of Power Of Attorney as detailed below. As with the creation of any legal document, careful drafting is required if the deed is to be effective, valid and legal.
An unregistered Power Of Attorney is a fairly commonly used document. It is drafted to allow for someone to take actions, sign and or authorise action in your absence. This deed is common for people who work away from home or will be absent when a decision has to be taken. There are limits to what you can and cannot do under an unregistered Power Of Attorney but we can keep you advised. The key situation here is that the granter of this power of attorney must have the mental capacity to grant it as the powers are temporary.
Drafted by Lawyers under strict rules these Powers of Attorney are used and normally triggered into action when the granter of the power loses mental capacity. For these to be valid they must be registered with the Office of the Public Guardian. The two main types of registered POA involved are Welfare and Financial, but you can arrange to have both registered. The drafting the Power Of Attorney must follow a strict drafting and legal format, if not it will not be registered and as such will not be valid.
Many people fail to prepare and try and get a power of attorney in place at the last minute but unfortunately if the granter does not have the mental capacity then you cannot create a Power Of attorney. To this end and to avoid a very expensive court action to grant Guardianship, preparation of any Power Of Attorney is best undertaken well in advance when you are in a position to choose who you wantto be your attorney and what powers you wish to grant.
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