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Enduring Powers of Attorney : Some Common Queries

The area of Enduring Powers of Attorney is not as simple as it may at first appear.
In this article Heather Redman, a senior solicitor specialising in wills and tax planning, probate and attorneyship, looks at common problems from the clients perspective.

1 January 1998

Enduring Powers of Attorney - Some Common Queries

The area of Enduring Powers of Attorney is not as simple as it may at first appear.
In this article Heather Redman, a senior solicitor specialising in wills and tax planning, probate and attorneyship, looks at common problems from the client's perspective.

Enduring Powers of Attorney have been with us since 1985. Although the principle of an Enduring Power of Attorney (EPA) is relatively straightforward, in practice things are rarely that simple. I have set out some common queries or problems which often arise.

I don't want my attorney to be able to sell my house.

It is possible to restrict the EPA so that it will only apply to certain assets. However, although the donor may feel that this will prevent the attorney selling the house over her head, if she became mentally incapable and had to go into a nursing home, it is quite likely that the house would have to be sold in order to pay the fees...

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