D   A by Danielle Harvey of Heppenstalls Solicitors Dues as an Aorney are very similar, whether acng under a General Power of Aorney, an Enduring Power of Aorney or a Lasng Power of Aorney. An Aorney must:


   


Always act in the donor’s best interests. Not gain any personal benefit


Keep separate accounts, in the donor’s name, retaining receipts, bank statements etc. Produce accounts, at any me, if directed by the Court of Protecon.


S  D’ P 


G 


 


All acons must be in the donor’s best interest. The Court of Protecon or the Office of the Public Guardian do not to need give approval, unless the sale is below market value, or a family member wants to buy it.


An Aorney has limited powers to make gis to themselves and others from the donor’s property, such as seasonal gis, birthdays, marriages etc.


An Aorney can make a donaon to charity, supported, or expected to be supported, by the donor. The value of any gi must be reasonable and proporonate in relaon to the value of the donor’s estate.


If larger gis of money or property are made, for example as part of planning for Inheritance Tax, the Aorney must apply to the Court. Without the Court’s permission, money or assets may have to be paid back.


C  A      ? 


A A     ? 


C  A ? 





An Enduring Power of Aorney does not give the Aorney the legal right to decide where the donor should live. An EPA relates to property and assets only. The decision where the donor should live can only be made under the Health & Welfare part of a Lasng Power of Aorney.


Professional Aorneys may charge for services, if the Power provides for this. Private Aorneys can recover reasonable costs, such as postage, staonery, the cost of phone calls etc. However, the OPG can ask for unreasonable costs to be repaid.


Yes, preferably by signing a Deed of Disclaimer. Although not a legal requirement, there does needs to be proof of disclaimer and it is necessary that the disclaimer is at least in wring, even if not prepared as a Deed. Both donor and the OPG must also be nofied.


If the rering Aorney is the only one appointed and the donor lacks capacity to make a new Power, the Aorney should try to find a suitable replacement to make an applicaon to the Court to be appointed as Deputy. If the Aorney is appointed jointly with another Aorney and one of them reres, then the whole Power fails. If the Aorney is appointed jointly and severally then following the rerement of one, the other Aorney can sll connue to act.


T O   P G 


The OPG does not supervise the Aorney or tell them how they should manage the donor’s affairs, but will consider complaints about Aorneys. Advice on praccal, financial or legal maers should be sought from Solicitors, Accountants, or other professional advisers. The OPG provides general guidance, but does not provide legal advice or services.


Please menon The Lymington Directory when responding to adversements 11


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