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Powers of Attorney Act 1971 (section 10)

Powers of Attorney Act 1971 (section 10)

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GC8

Original Poster:

17,267 posts

102 months

Saturday 28th May 2011
quotequote all
Would a general power of attorney, granted under the above act/section still be valid?

Cyberprog

1,752 posts

95 months

Saturday 28th May 2011
quotequote all
I think it depends upon if it's been activated, but that's all I can recall atm smile

GC8

Original Poster:

17,267 posts

102 months

Saturday 28th May 2011
quotequote all
Can you define 'activated'. This is a simple power of attorney - all we did was write it using the correct syntax, then both sign along with a witness.

I believe that the procedure to obtain what used to be called an ensuring power of attorney has changed in the mean time (this PoA was signed in 1999).

All help appreciated.

Cyberprog

1,752 posts

95 months

Saturday 28th May 2011
quotequote all
Activated, i.e. has it been enacted and brought into effect. IIRC you need to have a doctor or two agree, or the consent of the person in question... or I may be chatting out of my ar$e.

GC8

Original Poster:

17,267 posts

102 months

Sunday 29th May 2011
quotequote all
A simple power of attorney isnt that complicated.
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Meoricin

2,779 posts

81 months

Sunday 29th May 2011
quotequote all
Has it been brought into effect though? There are two stages to a POA, the first is drafting it, and the second is registering and enacting it.

That said, if it's drafted correctly you should be able to register it now, if it was on the correct form. I registered one a few months ago.

GC8

Original Poster:

17,267 posts

102 months

Sunday 29th May 2011
quotequote all
I see now. I was of the opinion that a simple power of attorney (for someone who was compos mentis) required nothing more than writing and completing correctly.

Banks, accountants and the Inland Revenue all happily accepted this PoA when it was first created; and all we had done was print and sign...