Selecting Attorneys Guidance Alex Truesdale Wills In Cobham Surrey

Appointing Attorneys In Your Will

Appointing Attorneys. What you and your Attorney should know about the role, responsibilities, powers and limitations of Attorneys appointed in Lasting Powers of Attorney.

Alex Truesdale Wills Limited: A professional Will writing and estate planning service based in Cobham, Surrey and serving clients throughout Wimbledon, Epsom, Leatherhead, Guildford and Farnham. 

Call: 07887 946557 to discuss any queries you may have regarding Lasting Powers of Attorney, your Will or for any estate planning needs.

Appointing Attorneys

Appointing Attorneys. What you and your Attorney should know about the role, responsibilities, powers and limitations of Attorneys appointed in Lasting Powers of Attorney.

Alex Truesdale Wills Limited: A professional Will writing and estate planning service based in Cobham, Surrey and serving clients throughout Wimbledon, Epsom, Leatherhead, Guildford and Farnham. 

Call: 07887 946557 to discuss any queries you may have regarding Lasting Powers of Attorney, your Will or for any estate planning needs.

Selection of Attorneys

You can choose anyone you trust to act as your Attorney provided they are over 18, sober and not bankrupt when they sign the LPA form.

You can appoint more than one person to act. You can also appoint replacement Attorneys.

If you appoint more than one person, you can choose whether they can act together (jointly), or together and independently (jointly and severally). You can state that your Attorneys must act together for some decisions but for others they can act independently.

Your Attorney must follow the principles set out in the MCA 2005 when they are making decisions or acting on your behalf.

Those principles are:

  • Every adult has the right to make his or her own decisions and must be assumed to have the capacity to do so unless it can be proven otherwise.
  • A person must be given all the help practicable before anyone concludes that he or she cannot make his or her own decisions.
  • A person retains the right to make what might be seen as an eccentric or unwise decision.
  • Anything done for, or on behalf of, a person who lacks capacity must be in his or her best interests.
  • Anything done for, or on behalf of, a person lacking mental capacity should be the least restrictive option taking their basic rights and freedoms into consideration.

Attorneys' Duties

Your Attorney/s must always act in your best interests and consider your needs and wishes as far as possible. The role carries with it power and responsibility and should not be entered into lightly. The MCA 2005 imposes specific duties upon Attorneys:

ο To act in accordance with the Act’s principles.

ο In particular, to act or make decisions in the donor’s best interests.

ο To have regard to the guidance in the Code of Practice.

ο To act only within the scope of your authority as Attorneys.

ο To take due care when making decisions on behalf of the donor.

ο To carry out instructions as required by the LPA.

ο Not to delegate the powers given to them under the LPA unless authorised to do so.

ο Not to benefit themselves but to benefit the donor.

ο To act in good faith, which means to act with honesty and integrity.

ο Confidentiality – to keep the donor’s affairs confidential unless the Donor has consented otherwise.

ο To comply with the directions of the Court of Protection.

ο Not to give up the role without telling the donor and the Court.

ο To keep the donor’s money and property separate from their own.

ο When considering whether to make gifts from the donor’s assets, to bear in mind the restrictions in section 12 of the Mental Capacity Act 2005.

This permits only such gifts which are made on “customary occasions” (birth/birthday gifts, wedding/civil partnership or anniversary gifts, or (for example) Christmas presents) to persons related to or connected with the donor, or in the case of charitable giving, gifts to “any charity to whom the donor made, or might have been expected to make, gifts”.

In all cases the value of the gift must not be unreasonable having regard to all the circumstances and, in particular, the size of the donor’s estate; and to keep accurate accounts of all dealings.

A person can refuse to act as Attorney but if they agree to take on the responsibility, they immediately become subject to the duties of an Attorney. Failure to comply could mean the LPA is cancelled and in some cases, the Attorney may be found civilly or criminally liable for fraud or negligence.

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Client Testimonials

“I have known Alex Truesdale for over 6 years, during which time she prepared Wills and Lasting Powers of Attorney for my sisters and assisted us in the administration of my sister Elizabeth’s estate after her death in 2018.  I testify to her attention to detail, her knowledge and experience in her work and the warmth of her communications whether by letter, by telephone or in person.  She responds to us quickly and we have full confidence in what she does on our behalf and on her advice on various aspects. She has a good network of people when particular advice is needed beyond her field of expertise or training.  She became a friend to us as a family.  I gladly recommend her services to others.”  
KH, July 2020
“The support Alex gave me and my husband after our Wills and LPAs were finalised was second to none especially as he was diagnosed with a terminal illness a few months later. This ongoing support, advice and bringing in other specialists to assist was outstanding and I felt that we were in very good hands and would continue to be when the inevitable happened. After my husband died, the comfort of knowing all was in order with the Wills was a great relief and her help in the immediate aftermath was much appreciated. It wasn’t just the professionalism but the genuine concern for my situation and that of the family. Alex then continued to guide me through the process and through some pretty complicated issues relating to the estate administration. She always responded to my copious emails and phone calls with clarity, efficiency and care. The whole process was dealt with in a timely manner and to a very high standard and I felt that I was being looked after like one of her own family. I can’t recommend Alex highly enough - a very talented professional dedicated to her work with a heart of gold.”
JD, July 2020
“After many years putting off writing my Will I finally entrusted Alex Truesdale with the task of compiling it for me and my family. My main wish was to pass my estate on to my son, and have guardianship put in place, should the worst happen before he came of age. Alex guided us through the difficult and emotional process with the utmost professionalism and put us at ease from the outset. She was able to address all of the issues we put to her and brought up many we had not considered regarding our estate. “As we were about to travel abroad, we were also on a very tight schedule for the wills to be drawn up and signed. Alex went above and beyond to make sure everything was in place for us in the allotted time, even to the point of being personally on hand to instruct ourselves and our witnesses during the signing procedure. “In using Alex Truesdale Wills, we now feel totally secure if the worst should happen our affairs are in order. We will be continuing to draw on her knowledge as and when our wills need updating in the future and are delighted to recommend her first class service.”
BW, May 2018
“Alex arranged an appointment for my husband and I to update our Wills in view of a change in family circumstances.  She was organised, efficient and extremely sensitive to our needs. We discussed advance directives and lasting powers of attorney in-depth – things we had only considered in vague terms previously but realised how intelligent it was to sort them out early. “I cannot fault Alex’s professionalism and caring attitude, and will be recommending her service to my friends and colleagues.”
SM, September 2019
"Thank you again for helping me sort out all our Wills and the funeral plan for my godmother. I cannot believe how timely that was bearing in mind today’s situation. Only good news from her care home so far, but to know that resources are there to help the staff directly if the worst happens certainly gives me peace of mind."
SC , May 2020
"We would like to thank you for your professional help in getting us to a point of having signed Wills after many years of procrastination. Not only that your advice gave us the impetus to arrange a Civil Partnership and we now feel that we have got at least some of our affairs in order in these worrying times."
KB, September 2020
"Very clear explanation of what the options and implications were for us. It was also good to have someone focused on the end result we had to get to, as it's very easy on your own to leave to another day."
EM, September 2018

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