General Power of Attorney (DOC download) by anamaulida


									General Power of Attorney     The General Power of Attorney is a
document that will appoint an attorney to act on your behalf regarding
general activities such as personal and/or financial matters.
Use of the Term

There are significant differences between powers of attorney in England
(and Wales) and Scotland, including different terminology. In England
the person giving another person the power to act on their behalf is
called the "Donor"; in Scotland he/she is called the
"Granter". The person or persons to whom the powers are
granted are called "Attorneys". Function of General Power of
Attorney    Usually, a General Power of Attorney is created for a set
period of time in cases where the donor is going abroad or is unable to
act for some other reason and wishes someone else to have the authority
to act on his or her behalf. A General Power of Attorney will usually
end either at a specified time or upon the request of the donor at any
time using a deed of revocation and will automatically be revoked if the
donor loses mental capacity.     There is no requirement for the General
Power of Attorney to be registered. Enduring Power of Attorney       The
Mental Capacity Act 2005 replaced Enduring Powers of Attorney (EPAs) with
Lasting Powers of Attorney from 1    October 2007. From this date it is
no longer possible to create a new EPA.     Existing but un-registered
EPAs can continue to be registered after 1 October 2007.    Lasting
Power of Attorney   Lasting Powers of Attorney (LPAs) were introduced by
the Mental Capacity Act 2005 from 1 October 2007. They allow individuals
to appoint Attorneys to look after their property and financial affairs
(a Property and Financial Affairs LPA) and also to make health and
personal welfare decisions (a Health and Welfare LPA) when they lack the
capacity to make these decisions themselves in the future. The
Attorney(s) can only use the LPA after it has been registered with the
Office of the Public Guardian. Continuing Power of Attorney A
Continuing Power of Attorney allows the donor to appoint a legally
authorised person to look after their property and financial affairs
should they become incapable of doing so themselves at some point in the
future. It remains valid after the donor has become mentally incapable
and must be registered to be effective. In What Situations General
Power Of Attorney Applies? You have to decide one or more of the
following tasks that your attorney-in-fact will carry out on your behalf
from time to time:    - manage your properties    - preparing and filing
income tax returns    - making decisions regarding health care     - do
transactions at the bank and pay your bills    - handle your retirement
and insurance benefits    - collect your social security benefits     -
handle your legal claims    You have two options when deciding how much
authority you are going to allow to your agent. You can give either
general or a limited power. The right choice depends on your needs and
preferences when it comes to managing your affairs. What to Consider In
Choosing an Attorney Age     It is a basic factor in determining whether
someone is fit to become your attorney. You must choose a person who is
a lot younger than you are since he or she can carry out the
responsibilities for a longer time compared to the older ones. Younger
person is relatively healthier then his older counterpart, so he can
handle your asset without much hassle.     The person who can do the
duties    Typically, elderly people appoint their eldest child as their
agent. But how can they be so sure that their child will be able to
perform all the responsibilities? If you have more then one child, it is
better to divide the power of attorney among your children.       Trust
You must appoint a person to whom you trust most.       Comfort     You
must be comfortable with your attorney in dealing any issue. On the
process of drafting the power of attorney document, you will have to
discuss all the terms in it; therefore, it is important that the agent
won’t be too much headache for you.     Amount of control     How
much authority are you willing to grant to your agent in terms of
decision making and performing your tasks on your behalf? That is a
crucial. You may opt for several limited powers of attorney if you are
not comfortable with the idea of giving your agent full control over
your assets and personal matters.     Legal requirements     A person must
meet certain requirements according to the laws. For example, an agent
should be of sound mind to be able to make the right decision.      Does
the person truly understand your feelings?     He should know you well so
as to understand your own point of views and opinions.      Is the person
easily available?     Appoint an agent who is easily accessible or
available, so that you can contact him in case of emergency.      Work
experience.     It may be important to choose an agent that has some
experience in finance or legal matters.       The donor can place limits
on what the attorney can do, and on the length of time for which the
power operates. So, for example, a donor might give an attorney power
to:      manage the donor’s financial affairs generally while
they are abroad, until a given date     sell the donor’s house, if
the donor has already        moved abroad and is not available to sign the
sale documents; or     do everything except sell the       donor’s
house.     The Pros and Cons Of The Power Of Attorney Why the document
is useful    The general power of attorney would be useful if, for
example, you are selling your home and the exchange of contracts is due
to take place around the time when you will be away on holiday. Then, if
there are problems while you are away on holiday - e.g. a last minute
amendment to what is included within the fixtures and fittings of the
property - these amendments can be signed off by your 'attorney' under
your general power of attorney. Failure to have a power of attorney in
place may mean that, in this scenario, you cannot complete the paperwork
in the proper form accepted by solicitors and Land Registry for a
property sale even if you fully know and have agreed to all the
amendments. Remember that in giving a power of attorney to someone, you
are basically giving up all your powers in favour of your attorney. For
instance, your agent has full right to agree or refuse to sign a
contract on your behalf. If the agent turns out to be corrupt, then any
transaction that he handles is at risk for fraud. Thus, giving that kind
of power to one person can be very risky even if you plan to monitor all
the transaction made in your name.    Validity It all depends on the
legal papers that accompany the power of attorney. And these papers
stating the contract for the power of attorney is required to be shown
before an attorney/agent can act.  Because of the birth of the
internet and the computer, powers of attorney sent over the internet or
those that are electronically given are accepted in some countries.
Remember that regardless of the period stated on the contract, the power
of attorney will be void once the donor dies. However, when the donor
fell ill, become physically or mentally incapacitated, some power of
attorney agreements are honored provided that they have the provision
that the contract will still be valid when these things happen.
Otherwise, they will also become void.    It is also assumed that the
agent will be completely honest and truthful with his business dealing in
representing the donor. When the attorney/agent is proven to be dishonest
and fraudulent, all the things that he has signed – when the power
of attorney is still in effect – will be deemed invalid. Can I
Revoke my General Power of Attorney    When you no longer want your
general power of attorney to be in force, you can revoke the general
power of attorney by completing a deed of revocation.       In addition,
if the person creating the power of attorney loses mental capacity, the
general power of attorney will automatically come to an end. Our
General Power of Attorney Template The General Power of Attorney is
often a blanket agreement, but you can create a more specific tailored
document using our template.            The General Power of Attorney
offered on Net Lawman site is a document template. The template has been
designed to protect your legal rights when you need to hand over Power
of Attorney to another. You are able to customise the document within
the laws of England and Wales. The document available for download is
written by expert team of Solicitors and Barristers to ensure your
rights are being protected.         You can edit the document when you
need to and reuse it at any time. The template is useful for long term
and short term appointments of Power of Attorney.        power of attorney
, memorandum of association, financial power of attorney    For more
information, visit us at

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