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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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Can a solicitor take over an Enduring Power of Attorney if

Resolved Question:

Can a solicitor take over an Enduring Power of Attorney if requested
Submitted: 3 years ago.
Category: Law
Expert:  Buachaill replied 3 years ago.

Buachaill :

1. No, a fresh Enduring Power of attorney must be created. This is because being the donee of a POwer of Attorney is a personal office. So it is not possible to transfer it to someone else. A fresh Enduring Power of Attorney would have to be created. If the person is already lacking capacity, then it just means that the Power of Attorney lapses. It is not possible to confer the Enduring Power of Attorney onto someone else, such as a solicitor.

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