If you are dealing with the estate of someone who has died, you need to check whether any of the beneficiaries have been declared bankrupt. If you mistakenly distribute part of the estate to a bankrupt beneficiary, the trustee in bankruptcy could bring a...
At BakerLaw LLP, not only do we specialise in advising and preparing Lasting Powers of Attorney, but we are committed to providing an ongoing advice and support service to Attorneys.
Attorney's Duties
An Attorney has an important role with great responsibilities. The importance of Powers of Attorney is becoming more widely recognised and publicised. In addition, people’s finances are becoming more complex, and with average life expectancy contiguously increasing, it is not only vital to have Powers of Attorney, but it is also essential that you and your Attorneys know and understand what duties are placed on Attorneys, and what powers they have in their role, in order to ensure you and your affairs are taken care of appropriately,
It is important for those who are looking to prepare a Lasting Power of Attorney, and those who are, or will be an Attorney, to be aware of the duties and responsibilities placed on them. Depending on what type of Power of Attorney is in place (Lasting Power of Attorney for Property & Financial or Health & Welfare or Enduring Power of Attorney) the duties will vary. For example, Can an attorney :
- sell or purchase property?
- access the Donor’s medical records?
- act as a Trustee in place of a Donor?
- request a copy of the Donor’s Will?
- make gifts on behalf of a Donor?
- undertake tax planning on behalf of the Donor?
How we can assist
We have a specialist team who can advise on all aspects relating to Powers of Attorney; from preparing the documents to offering guidance and support for Attorneys (both generally and in relation to specific action they wish to take),advising on the misuse of a Power of Attorney or advice if an Attorney is subject to an investigation by the Office of the Public Guardian.
Our services include:
- Advice in relation to the intended action of an Attorney (i.e. selling property)
- Advice before an Attorney starts acting to clarify their role, responsibilities and what they can and can’t do
- Preparing and submitting applications to the Court, where required
- Advice if the Office of Public Guardian have commenced an investigation into the actions of an Attorney
- Acting as a professional Attorney to ensure impartiality
Contact our solicitors in Farnham, Surrey
Our focus is always to provide you with peace of mind — for wills, powers of attorney, trusts and probate advice you can rely on, contact us online or at our Farnham office on 01252 733770.