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Relationships

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Power of Attorney and divorce

2 replies

Ineedahug · 31/01/2013 17:30

Would it be possible to give power of attorney to my solicitor to deal with my divorce on my behalf? It would be on the grounds of mental health issues. In my current state I trust her to get a better settlement than I am capable of. I would be prepared to undergo a medical assessment. Thanks

OP posts:
AlwaysWantingMore · 31/01/2013 17:57

I'll pm you

izzyizin · 31/01/2013 18:20

Where the Donor (the individual granting power of attorney) wishes another party to have the authority to act on their behalf, an 'ordinary' or 'general' power of attorney can be created for a set period of time and will either end at the time specified or upon the request of the Donor using a Deed of Revocation.

However, in order to grant power of attorney the Donor must be in full possession of their faculties and if they should lose mental capacity, the poa will automatically be revoked.

Under the circumstances I would suggest you discuss this matter in full with your solicitor and act on their advice, albeit you may wish to run all or part of any advice you receive by this board or the Legal matters board.

A way forward may be to give your solicitor carte blanche to handle all matters pertaining to your divorce and to request the services of an advocate to be with you in any mediation session(s) if you fear that attending unaccompanied may lead to you agreeing to something you may later regret.

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