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Enduring Powers of Attorney and Conflicts

Oct 20

Quite often people to appoint a family member as enduring power of attorney. It may be a spouse, a partner, or one of their children. Whilst this is a common practice, it can create difficulties if you don’t understand the restrictions that the law places on attorneys in respect of certain decisions.
Were you incapacitated, a family member can be restricted from using your share of the family home to buy a new property to help with your care if they are going to live in it. They may also be restricted from purchasing your assets, to keep them 'in the family', even if they have the means and desire to do so.
But the good news is that such conflict actions are not illegal where they are specifically authorised.
Through the careful drafting of an enduring power of attorney you can avoid such problems.
If you are unsure, you should check your documents and if you have any concerns that the issues have not been dealt with, get in contact with your lawyer.