The Power of Attorney Declaration is a crucial legal instrument in England and Wales that provides security and continuity in decision-making when an individual cannot act for themselves. This document becomes particularly important in situations involving incapacity, extended absence, or specific transaction requirements. The declaration must comply with strict legislative requirements, including the Mental Capacity Act 2005, and requires careful consideration of the powers granted, the choice of attorney(s), and proper execution procedures. It can be created as either a general power of attorney for temporary purposes or a lasting power of attorney for ongoing authority.
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1. Declaration Statement: Opening statement identifying the donor and declaring the creation of the power of attorney
2. Donor Details: Full legal name, address, and other identifying information of the person granting the power
3. Attorney Details: Full legal name, address, and other identifying information of the appointed attorney(s)
4. Powers Granted: Specific powers being granted to the attorney(s)
5. Duration: Period for which the power of attorney is valid
6. Execution: Signing requirements and witness details
1. Replacement Attorney: Details of replacement attorney(s) to be appointed if primary attorney becomes unable to act
2. Multiple Attorneys Powers: Specification of how multiple attorneys should act (jointly or severally)
3. Restrictions: Specific limitations or restrictions on the attorney's powers
1. Certificate Provider Statement: Independent person's confirmation of donor's understanding and lack of coercion
2. Notice of Intention to Register: Required documentation for registration with the Office of the Public Guardian
3. Asset Schedule: Detailed list of specific assets covered by the power of attorney
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