Solicitor's obligations when drawing up Enduring Power Of Attorney documents (pre April 2023)

N

New Scottman

New Member
Messages
7
Hi All

In such a situation, would it be expected that the solicitor ask the doner the following question ?

"Before we draw up the Enduring Power Of Attorney document, can I check that you have already made a will?"

And if the answer was No, then the solicitor would strongly encourage the doner to so?
 
Not sure what you mean by "the donor" but having done this about 5 years ago with my mother, solicitor did check that no changes were being made to the existing will as part of it
 
The donor = my mother

She can't remember if she made a will or not. I signed the POA documents and returned them by post so wasn't present at the meeting.
 
'She can't remember if she made a will or not.'

How about your mother contacting the said solicitor and asking if she made a will with them?

O just make a new will with another solicitor?

Unless this is actually about your mother having lost capacity?

In which case she can't now sign a valid will.

And the solicitor cannot discuss whether there is an existing will, or not, with anyone other than the Testator.

Unless the POA (Enduring?) has been registered.

mf1
 
Not lost capacity but getting very forgetful.

POA enduring taken out in 2019 but not registered.

It might be wrong assumption on my part but I would have expected the solicitor to bring up the subject of a will when drawing up the POA documents in 2019. If there already was one, then fine. If there wasn't, then they should have encouraged her to make one at that time.
If so, I have nothing to worry about.

Will have to ask her to contact the solicitor now.
 
You must log in or register to reply here.
Back
Top