Enduring Power of Attorney - Property
  • enduring power of attorney - property

Enduring Power of Attorney - Property

Style Number: FAM00002

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Key details

Number of variables: 289

Time to complete: Only 2-3 minutes for a simple power of attorney given to their spouse over all the donor's property, without the optional provisions. If optional provisions are included, additional time will be required to complete the relevant details.

Last updated: May 2016

Drafted by: LawHawk

Other details

An enduring power of attorney, in the prescribed form required by section 94A(2) of the Protection of Personal and Property Rights Act 1988 (the "PPPRA") i.e. as set out in Form 1 of the Protection of Personal and Property Rights (Enduring Powers of Attorney Forms) Regulations 2008.

The automated enduring power of attorney allows you to quickly capture the name, address, occupation and sex details of the donor and the attorney.  You can also quickly choose whether the donor will be signing the power of attorney instrument themselves, or if someone else will sign for them.

You can easily choose whether each attorney is a trustee corporation or an individual.  If it is a trustee corporation, then the relevant corporation can be quickly selected from a drop-down list.

If the attorney is an individual, then as well as capturing the basic details of the attorney (as above), you are also prompted to confirm that the attorney is over 20 years old, is not bankrupt, and is not subject to a personal order or property order. These requirements are not apparent in the prescribed forms, so it's an additional quality assurance.

It is also very easy to add more than one attorney, if required. 

You can also easily select whether the power of attorney relates to all of the donor's property or only some, and if the authority over that property is general or specific. Specific property or authority can be easily added in repeatable input sections.  

The various options which are allowed in the PPPRA and the prescribed form (e.g. conditions & restrictions on attorney powers, successor attorneys, whether the attorney can execute a will for the donor, the extent to which the attorney can act for their own benefit, requirements to provide information, and assessment of mental capacity) can all be easily selected from a list of options. Further details can be specified as relevant and required.

The witness certificate can be easily incorporated if it is known in advance who the witness is, and what their relationship to the attorney is, or this can be left until later.