I have been helping an elderly neighbour with his property/financial affairs over the last few years and he now wants to appoint me as his Attorney in a Lasting Power of Attorney. Should I let his relatives know what is being proposed?
It is a specific requirement when granting a Lasting Power of Attorney that the document is registered with the Office of the Public Guardian and it is a further specific requirement that the Donor nominates a “person to be told” who is notified of the Donor’s intention to register the Lasting Power of Attorney in your favour.
This person should ideally be the Donor’s next of kin or someone who knows the Donor well and would be likely to object to the registration of the LPA if they felt that the appointment of the Attorney was, for whatever reason, inappropriate. This enables the “person to be told” the opportunity to lodge an objection to the registration of the LPA within five weeks of such notification.
It is not, therefore, necessary for the next of kin to be notified as it will depend on whom the Donor chooses to notify by way of his selected “people to be told”. It is always advisable to keep relatives informed of such proposals, particularly if you are not a member of the family, in order to avoid any misplaced allegations regarding your motives.