Can a solicitor choose to hold power of attorney documents in his safe and only register them when they require to be used?
A. Yes, however, we would recommend that powers of attorney are registered as promptly as possible. If you choose not to register the document immediately then there is a possibility that between the time of writing and submission for registration, there may be changes to the registration requirements or the document may contain an element that prevents registration. If at this time the granter was incapable and their input was required the power of attorney could not be registered and an alternative but more intrusive and expensive form of intervention may be required to protect the granter’s interests. Q. I am going on holiday for a period of time and wish to appoint an attorney to look after my affairs in my absence. Do I have to register it with your office? A. No. If the power is not intended to continue in the event of incapacity then it does not require to be registered with this office.
