Category Archives: Power of Attorney

I have been told by your office that if I bring my elderly mother in to see you for a Power of Attorney, I will have to stay in the waiting room. I am not very happy about that. Can you tell me why I can’t come in?

There are a number of reasons. Firstly, because I have to determine whether she has capacity to give a Power of Attorney. In order for someone to give Power of Attorney, they must have a very high level of capacity as it is a very powerful document. Often, quite senior clients will look to their…

How long is a Power of Attorney valid for?

It depends on whether it is an “enduring” Power of Attorney. An enduring Power of Attorney endures beyond the donor’s ability to continue giving instructions to the Attorney they have appointed. If the Power of Attorney is not enduring, the Attorney’s ability to act stops when the donor (the “adult”) is no longer capable. Most…