Notary Public London Guide to Power of Attorney Part 1 dealt with the concept of Power of Attorney. This section covers some of the terms of which a Notary Public must be aware when advising clients.
Enduring Power Of Attorney
A Notary Public in London (or anywhere in England and Wales) could, prior to 2007, register their client for an Enduring POA. It’s purpose was for someone to register a third party with the capacity to make financial and legal decisions on their behalf when the Attorney in question believed that the donor was becoming mentally unable to execute decisions in their own best interest.
Many Notaries Public in London are unaware that although these Enduring Powers of Attorney (EPAs) can no longer be registered, they are still valid if they came into force prior to 2007. These EPAs have now been superseded by Lasting Power of Attorney.
Lasting Power of Attorney (LPA)
As a Notary Public in London, MD Pryke Notary Public is often asked to arrange an LPA. Firstly, it is important to remember that a LPA must be registered with the Office of the Public Guardian. If the LPA is not pre-registered with the Office of the Public Guardian it will not be legally binding. It’s purpose is to provide a named third party with the right to administer your estate should you be entering a state of mental decline.
The next Notary Public London Guide will address the role of the Office of the Public Guardian and the Court of Protection.
For further information about the Notary Public London Guides, or any aspect of Power of Attorney, please call MD Pryke Notary Public on 0207 6364422 or contact us via the usual channels.