power of attorney

[belletinker]

can a person with power of attorney overturn the wishes of a persons next of kin?

[Didwot]

The person who has been appointed Attorney must act in accoradance with the interests of the person for whom they are attorney, and not the wishes of relatives, although one would hope those usually coincide.

[zmudge]

Usually, an Ordinary Power of Attorney is created for a set period of time in cases where the Donor is going abroad or is unable to act for some other reason and wishes someone else to have the authority to act on his or her behalf. An Ordinary Power of Attorney will usually end either at a specified time or upon the request of the Donor at any time using a Deed of Revocation and will automatically be revoked if the Donor loses mental capacity. There is no requirement for the Ordinary Power of Attorney to be registered.

In contrast, an Enduring Power of Attorney allows the Donor to appoint a legally authorised person to look after their property and financial affairs should they become incapable of doing so themselves at some point in the future. It continues after the Donor has become mentally incapable of managing his or her affairs and must be registered when the Attorney becomes aware or has reason to believe that the Donor has become or is becoming mentally incapable.

The Attorney "stands in the shoes of the Donor" and has no obligation to pay any regard whatsoever to the wishes of the next of kin.