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Powers of Attorney

A Power of Attorney is a document which authorises another person legally to deal with matters on your behalf.

There are different types of Power of Attorney, and they can be drawn up in different ways - depending on what it is that you are seeking to achieve.

Enduring Power of Attorney

An Enduring Power of Attorney is the most common type chosen.   In England, these are now known as a "Lasting Power of Attorney".    An Enduring Power of Attorney is one which will continue to be valid if the person granting the power ceases to have metal capacity to manage their own affairs.   A Power of Attorney which is not an "Enduring" one, ceases to be valid once the donor of the power loses mental capacity to manage their own affairs.

The granting of an Enduring Power of Attorney can be a very prudent step, as it can enable someone else to deal with your affairs if you should become incapable of dealin with them yourself.   The Power can either be expressed so that it takes effect immediately, or it can be expressed so that it only takes effect in the event that you lose mental capacity.

An Enduring Power of Attorney can be in respect of all your property and affairs, or it can be limited to certain aspects of your property and affairs.


Why Grant an Enduring Power of Attorney?

If you were to lose the ability to manage your own affairs, you may need to have someone esle who is legally able to do so for you.    You may have bills that need to be paid, or nursing home fees that need to be maintained.   You may have investments and bank accounts that need to be dealt with, and tax returns to complete.  You may have a house that needs to be kept up, or even sold.

In the absence of your having appointed someone to act on you behalf under an Enduring Power of Attorney, it might be necessary to apply to the Court to have a Receiver appointed under the Mental Health Act.   Whilst a the appointment of a Receiver is always one option, this is usually a more expensive and time-consuming process.   It can therefore be a more cost effective soluyion to apppoint a person whom you trust, under an Enduring Power of Attorney.


What Protection is there if You Grant an Enduring Power of Attorney?

A person who is appointed as "attorney" under an Enduring Power of Attorney has a duty to apply to the Court to register the Enduring Power of Attorney if he or she has reason to believe that the donor has become, or is becoming, mentally incapable of managing his or her own affairs.

Once the donor loses mental capacity, the operation of the Enduring Power of Attorney is supended, and it must then be registered with the High Court of Justice of the Isle of Man, in order to beceom operative.   The process of registration involves filing an application in the Court, together with a medical certificate confirming that the donor is no longer mentally capable.   A copy of the Application is served on the donor (unless the Court agrees that this would not be appropriate) and on the nearest relatives of the donor.    If the donor or the relatives disagree with registration, they can make an objection to the Court.


Whom Should You Appoint as Attorney?

Acting as an attorney for another person is a very responsible position, and you should choose carefully who you appoint to be your attorney.   Most people choose a close relative or friend, whom they trust.   If you do not have anyone whom you feel you could appoint, we may be able to take on this role for you.

How To Grant an Enduring Power of Attorney

In order to be valid, and Enduring Power of Attorney must be in a prescribed form, and must be completed fully and correctly, and it must also be signed by the person or persons whom you are appointing to act as your attorney.    We will be able to help to complete the prescribed Enduring Power of Attorney form and ensure it's correct execution for you.

Keeping the Original Safe

We will be happy to keep your Enduring Power of Attorney for your in our Safe.   If your Enduring Power of Attorney is needed, we can also issue certified copies for use. 

 

General Power of Attorney


A General Power of Attorney is one which grants to another person your general authority to deal with matters on your behalf.   A General Power of Attorney ceases to have all effect if the donor becomes mentally incapable of managing his or her own affairs.