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Power of Attorney

Many people put off getting their affairs in order, but for the protection of you and your loved ones it needs to be done. A solicitor can help you with your Will, Estate Planning and a Power of Attorney. If you don’t have time to visit a solicitor to take care of these things for you or find it too costly there are alternatives. Getting the documents that you need can be found here.

The documents that are online here will have been researched so that they provide you the most up to date forms and guidelines. They will be professional and legally binding just as though you had gone to a solicitor. There are several types of Power of Attorney so that you may decide which one best fits your situation.

There is a General Power of Attorney. This particular document gives someone that you appoint the ability to attend to all matters for you. In this document you would state the person’s name so that the court knows that they will be acting on your behalf for your affairs. You would be called the Deponent and the person that you appoint would be known as the Donee.

They would then be thought of as your attorney. Unless otherwise stated they would be able to take care of any matter for you. Should you desire for them to only handle certain affairs you would have to use a restricted power of attorney. Their powers would then be limited to certain areas of your affairs.

When you choose a General Power of Attorney document you will purchase it and receive the template so that it can be filled out on your computer. You will need to have it registered with the Office of the Public Guardian so that the document is legal.

A Limited Power of Attorney has many of the same components as the General Power of Attorney. The difference is that you will give them this power in a limited set of circumstances. You may wish for them to only deal with certain areas of your finances, but not your property or other affairs.

The person that can be chosen to be your attorney must be at least eighteen years of age. It can be a person or a trust corporation and there may be more than one person if you desire it. Whomsoever is chosen cannot have an interim or undischarged bankruptcy.

If you have multiple persons as your attorney it must be decided if they will work together, separately, or together and separately. This last means that they can act as a group or separately if they want to. It is very important to choose a replacement attorney in the event they can’t be your attorney any more or have changed their mind. You must list any changes with the OPG as well.

Power of Attorney Forms

Once all the documents have been filled out and registered your attorney can act for you. If you choose your attorney can act for you only after you lack capacity. You can give guidance to your attorney in the power of attorney document; however, it won’t be legally binding. They should take your guidance into account though.

You can also make provisions for your attorney to be paid for out of pocket expenses while assisting in your affairs. If you are going to pay for this you need to put it into the document. There are two parts to the form and the second section is to be filled out by an independent person. They need to be unbiased so that they can determine that you chose the person or persons without duress. The power of attorney can’t be filed with the OPG without this form being completed.

After everything is completed it can be registered. You or your attorney can be the one to register it. The form for registration is available from the OPG and a fee must be paid. Once it is registered it will be in effect immediately unless you have specifications.

If you feel that your estate needs to be handled by a solicitor you can find one that can meet your needs. Several of the solicitors are willing to come to your own home or office to work on the power of attorney documents. Many offer free consultations.

You will find a list of the solicitors as well as the documents that are needed for a legal power of attorney. There are also forms to be used for registering your power of attorney with the OPG.