Difference between revisions of "Preparing a Power of Attorney"

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In considering personal planning options, be aware there are different "legal capacity" requirements. Legal capacity refers to a person’s ability to make binding decisions or agreements.  
In considering personal planning options, be aware there are different "legal capacity" requirements. Legal capacity refers to a person’s ability to make binding decisions or agreements.  


Someone who doesn’t have the legal capacity to make an enduring power of attorney may still be able to make a representation agreement. A person can make a "section 7 representation agreement" even if they cannot manage their routine financial affairs or look after their daily needs. This makes a section 7 representation agreement a very useful “last resort’’ document when someone has not made any planning documents and they are starting to lose their capacity.
Someone who doesn’t have the legal capacity to make an enduring power of attorney may still be able to make a representation agreement. A person can make a "section 7 representation agreement" even if they cannot manage their routine financial affairs or look after their daily needs. This makes a section 7 representation agreement a very useful "last resort" document when someone has not made any planning documents and they are starting to lose their capacity.


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