Power of Attorney

[Kassee]

Is it true that if you are Power of Attorney, or witness for the paperwork to appoint a Power of Attorney, then you may not be entitled to inheritance in that persons will. I cant see how this can be true, but my brother thinks it is.

[coughdrop]

No...it is if you witness the signing of a WILL you cannot be a benificiary in the will.Power of attorney is something entirely different ( you are appointed to look after the business affairs of a parents/relative)

[Buenchico]

I used to write wills for a living (and advise people about the possible pitfalls) and I've never heard of this.

So I've just reached for three reference books on wills and the distribution of estates. Not one of them lists 'power of attorney' in the index (which I'd expect to see if your brother's idea was true).

Then I've looked at a few relevant web pages (and done a bit of googling) and I still can't find any relevant reference.

It's hard to prove a negative but I'd be prepared to put money on the idea that your brother is talking utter b0ll0x ;-)

Chris

[ladybirder]

Your brother is wrong.

[ubasses]

No, its that you cannot be a beneficiary of a Will and sign the Will as a witness

[woofgang]

My eldest sister held an old style power of attorney for our mum, she was executrix of the will, and a beneficiary.

[ladybirder]

I was both a Power of Attorney AND a beneficiary in the Will of someone in my family so in England you can do both.

[dzug2]

With Power of Attorney you cannot make a will on the donor's behalf - not without court of protection approval anyway.

[TheOtherHalf]

Me and my husband are both POA for my mother in law. We had to as we couldnt even seem to cancel any directs debits etc without it since shes now in a home. Its ridiculous !!! My husband is the sole inheriter, so I dont think what your brother says is true. It cost us just over £800

[woofgang]

No, my Mum made the will but she found it difficult and painful to sign anything and was housebound so POA just made it easier for Sis to do day to day stuff

[Kassee]

So if you witness the signing of a Will you cannot be a beneficiary in that Will. And if you are Power of Attorney then you can't make a will on the person's behalf. Is that right ?

[tonywiltshire]

Yes Kassee that is correct.
Everyone should make a will and a surprising number of people do not, when Robert Holmes a Court died suddenly at the age of only 53 with a £330 million estate he was found to have carried a draft will for 18 months but had never signed it.
If you die without a will your estate may not be distributed in the way you would wish, even people who do not think they own enough to make a will should do so, the leaving of anything can bring out the worst (and best) in families.
Make sure your will is also clear there is the famous case of the testator who said “ All for Mother” the problem was he also called his wife mother, so who was to benefit the wife or mother?
If a beneficiary signs as a witness the will is still valid but the witness will not be able to benefit from the will.
To make a will the person must have mental capacity and be of the age of majority.

A Lasting Power of Attorney, which replaced the Enduring Power Of Attorney, must be registered with the Office of Public Guardian before it is used and there is a fee for registration.

I would suggest a Solicitor should prepare both a will and lasting power of attorney, but it is of course up you you.

[stevepett]

There is no connection whatever between the two in England and Wales.
A witness to a Will cannot inherit under the Will Media URL: http://www.lastingpowerofattorneyuk.com
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