Granting Power Of Attorney To a Person

[Reaction]

Hi,
Does the person that I give the power of attorney to have be a solicitor or a peace commissioner?.
What is the criteria to make that power of attorney legal. Does my signature have to be witnessed?.
Please explain in as simple layman terms as possible
Fredda.

 

[z104]

The person you give power of atorney to does not have to be a solicitor. Give it to somebody you trust with your life .It needs to be witnessed and sworn in front of a solicitor.

The fee should not be any more than €50

 

[mf1]

"It needs to be witnessed and sworn in front of a solicitor."

It doesn't.

mf

 

[z104]

Power of atorney needs to be witnessed. Ok, Does not necessarily need to be a solicitor but I would have a solicitor witness it as the solicitor will be seen as being impartial incase another family member challenges it.

An enduring power of atorney does need to be witnessed by a solicitor

a statement by a doctor verifying that in his/her opinion you had the mental capacity at the time that the document was executed to understand the effect of creating the power
a statement from you that you understood the effect of creating the power
a statement from a solicitor that he/she is satisfied that you understood the effect of creating the power of attorney
a statement from a solicitor that you were not acting under undue influence.

 

[Odea]

a statement from a solicitor that you were not acting under undue influence.

Unfortunately in my case we know that my elderly father was "worked on" and became so dependant on a family member that he was terrified to go against this person's wishes. Privately he would say that he didn't need a Power of Attorney but when he had a visit from that family member he would immediately change his mind.

The husband of this person is the executor of his will and whilst nobody knows what is exactly written in the will the executor does and also the person who now has the Power of Attorney.

They have complete power and knowledge of my father's financial affairs.

How can it be proved that a person is acting under undue influence when the elderly person is to terrified to speak out when there are witnesses present?

 

[mf1]

"How can it be proved that a person is acting under undue influence when the elderly person is to terrified to speak out when there are witnesses present?"

Why don't you confront the person you are alleging to be dominating your father and have it out with them?

mf

 

[Odea]

"How can it be proved that a person is acting under undue influence when the elderly person is to terrified to speak out when there are witnesses present?"

Why don't you confront the person you are alleging to be dominating your father and have it out with them?

mf

I did and they sneered "That's the way it is Buddy".