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Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
would I be correct to conclude from what you say, that your sister-in-law has full mental capacity at this time please?
apart from the error in the attorneys address, are the remainder of the attorneys details correct please?
Yes, that is so.
thank you. An error in the attorneys address will not invalidate be injuring power of attorney providing the attorneys other details are correct so as to enable the identification of that attorney. An enduring power of attorney, contrary to the requirement of lasting powers of attorney does not need to be registered until the donor loses capacity. Accordingly, if your sister-in-law still has full mental capacity, the EPA does not need to be registered in order to be used. lasting powers of attorney at different in that they must be registered before they can be used irrespective of whether the donor has capacity or not
if your sister-in-law wishes to revoke the enduring power of attorney, she will need to consider a deed of revocation in respect of the existing enduring power of attorney which will need to be served upon the attorneys appointed.
from there, she will be free to make a new lasting power of attorney; as you will be aware, enduring powers of attorney can no longer be made. the lasting power of attorney will need to be registered before it can be used by the attorneys appointed
it is not necessary in order to make a valid lasting power of attorney to use a solicitor however many people find it is helpful to do so. there is a requirement that a certificate provider who has either knowing your sister-in-law from more than two years or alternatively has appropriate professional experience such as a solicitor or Dr attends your sister-in-law when she signs the lasting power of attorney in order to attest to her mental capacity
would you like an example of a deed of revocation your sister-in-law can use?
Thank you. Yes please, that would be helpful.
This deed of revocation is made by [donor’s name] of [donor’s address].
1: I granted a lasting power of attorney for Property and Financial Affairs/Health and Welfare [delete as appropriate] on [date donor signed the lasting power of attorney] appointing [name of first attorney] of [address of first attorney] and [name of second attorney] of [address of second attorney] to act as my attorney(s).
2: I revoke the lasting power of attorney and the authority granted by it.
Signed and delivered as a deed [donor’s signature] Date signed [date] Witnessed by [signature of witness] Full name of witness [name of witness] Address of witness [address of witness]
The deed should be witnessed by an adult independent witness, ideally not a relative, and a copy served upon all of the attorneys appointed under the enduring power of attorney
is there anything else I can help you with on the above?
That is all, thank you
A pleasure. If I can assist any further as the situation develops please do not hesitate to revert to me
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