Q&As
Can an attorney under an LPA act on an executor's behalf in the administration of an estate after a grant has been obtained, and where there is a hostile co-executor?
A power of attorney is a written legal authorisation allowing B (an individual or other legal person) to act on behalf of A (likewise, either an individual or other legal person). B is then able to carry out acts on behalf of A without A being present, and such acts are treated as being the acts of A. For the long-term delegation of a power of attorney, a Lasting Power of Attorney (either over property and financial affairs, or over health and welfare) can be granted, and, subject to the necessary formalities, continues to have effect if A loses capacity. Such a power can therefore be extremely useful if there is a risk that capacity will be lost. See: Lasting powers of attorney—overview
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