We are aware of a number of instances where uncertainty has been caused by the way in which certain powers of attorney have been drafted, in particular where there is more than one attorney appointed and what is to happen if an attorney resigns, loses capacity or dies.
Questions have arisen as to the operation of such powers of attorney, and also in which circumstances they come to an end. This is a particular issue where the power of attorney becomes operational and the granter no longer has capacity, meaning it cannot be amended to accurately reflect the granter’s intention. In light of this, the following guidance outlines how the Office of the Public Guardian will treat such powers of attorney.