Being appointed in a Power of Attorney (PoA) is an important and responsible role. In Northern Ireland, once you have registered the Power of Attorney with the High Court, there are vital steps you should take to ensure you fulfil your duties correctly to follow the law. Below, I outline what you should do now that your role as Attorney is official.
1. Understand Your Role and Responsibilities
Now that the Power of Attorney has been registered, you need to fully understand the scope of your authority. A Attorney can be appointed for financial, health, and welfare decisions. It’s crucial to know whether your powers are for:
– All property and financial affairs: Handling bills, managing bank accounts, selling property, etc.
– Limited to only certain assets. Review the terms of the PoA carefully to ensure you stay within your legal authority.
2. Get Copies of the Registered Power of Attorney
Once the PoA has been registered, you will need certified copies. These copies will be required when dealing with institutions such as:
– Banks and financial institutions
– Utility companies
– Government bodies (such as HMRC)
– Healthcare providers
Request multiple certified copies from the the solicitor, as different organisations may want to see an original or certified copy before allowing you to act on behalf of the donor. (These same organisations have an annoying habit of keeping the certified copies so make sure you get plenty of copies.)
3. Notify Relevant Institutions
Start by informing all relevant parties that you can now legally act on the donor’s behalf. This will typically include:
– Banks: You must inform the donor’s banks and provide them with the registered PoA to access and manage accounts.
– Utility companies: If you’re handling bills or payments, notify utility companies of your authority to manage these services.
– Healthcare providers: If you are also next of kin, you will likely also be responsible for the care decisions of the Patient.
Be prepared to fill out additional forms or provide documentation depending on the institution.
4. Keep Detailed Records
As an Attorney, you must act in the donor’s best interests. Keeping comprehensive and accurate records of all financial transactions and decisions is critical. This includes:
– Recording income, expenditure, and any assets you manage or sell on the donor’s behalf.
– Documenting any significant decisions, especially in health and welfare matters.
– Retaining receipts and correspondence for transparency and accountability.
If there are any queries or concerns about your management, the High Court or the Office of Care and Protection (OCP) may require you to submit records.
5. Ensure Regular Communication
If the donor has lost capacity, you should keep their family informed (if applicable) to ensure they understand and support your decisions on the donor’s behalf.
6. Familiarize Yourself with Legal Obligations
It’s essential to stay informed about your legal obligations as an Attorney. These include:
– Duty of care: You must act in the donor’s best interests, making prudent decisions that reflect their wishes as much as possible.
– Avoiding conflicts of interest: You cannot benefit from your position unless explicitly allowed in the PoA document.
– Consulting with professionals: When handling complex financial or healthcare decisions, it may be wise to seek professional advice from a solicitor, accountant, or medical expert.
7. Check for Any Restrictions or Conditions
Some Power of Attorney agreements come with specific restrictions or conditions. For example, you may not have the authority to sell the donor’s home without Court approval. Carefully review the terms of the PoA to ensure you comply with any limitations.
8. Act Promptly and Responsibly
The key to maintaining the Donor’s financial and personal well-being now that you are officially the donor’s Attorney. Any delay in handling their affairs could cause unnecessary stress or financial loss. Take prompt action to manage the donor’s affairs efficiently. If there are immediate bills or care needs, address these quickly to maintain the donor’s financial and personal well-being.
9. Review the Power of Attorney Periodically
As circumstances change, you may need to reassess the donor’s financial and health needs. Regularly reviewing the donor’s situation will ensure you continue to act in their best interests and make informed decisions that suit their current condition. For instance, if the donor’s financial situation changes significantly, you may need to adapt your approach to managing their assets.
10. Seek Support if Needed
Acting as a Power of Attorney can be a challenging responsibility. Don’t hesitate to seek advice or support when necessary. You can:
– Contact the Office of Care and Protection (OCP) for questions.
– Consult a solicitor for complex legal matters.
– Speak with healthcare professionals when handling medical or care decisions.
Conclusion
Being appointed as an Attorney is a significant role that requires care, responsibility, and diligence. Now that you’ve registered the PoA with the High Court in Northern Ireland, your next steps involve organising, notifying relevant institutions, and staying informed about your legal duties. By acting promptly and responsibly, you will ensure you manage the donor’s affairs with the respect and attention they deserve.
Suppose you need further guidance or have specific questions about your duties. In that case, seek professional advice to ensure you remain compliant with the law and act in the best interest of the person entrusted with this responsibility.