Peter Gartlan Solicitors provides professional drafting of a Powers of Attorney documents.
A Powers of Attorney is a legally binding document that when created means that a person – usually referred to within the text as a donor – has specified that an appointed person – usually referred to in the text as an Attorney – can make specific decisions on behalf of the donor.
Individuals who are buying a property abroad often appoint an Attorney to act on their behalf in matters related to the property’s transaction.
An enduring Powers of Attorney document is different to a Powers of Attorney document in that the appointed attorney is legally authorised to make all the decisions on behalf of the donor.
An Enduring Powers of Attorney document is created when a person is of sound mind and body but is making plans for when they may become incapacitated due to illness.
To have an Enduring Powers of Attorney document created, the client will need:
- A statement from a doctor which confirms the doner's mental capacity.
- A statement from the donor confirming that they fully understand the effects of a Power of Attorney.
- A statement from a solicitor confirming that the solicitor is happy to state that the donor fully understands the implications of Power of Attorney
- A statement from a solicitor confirming that the donor is not under any undue influence preventing them making a rational decision.