Isle of Man Offshore Legal & Conveyancing Services: The Attorney

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Enduring Power of Attorney - What is an Enduring Power of Attorney?
Enduring Power of Attorney - The Attorney
Enduring Power of Attorney - How Much does it Cost?
Enduring Power of Attorney - How do I Make an EPOA?
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Enduring Power of Attorney - Other Services

Please note that on 1 October 2007 James Quinn & Co merged with Dougherty & Associates and is now trading as Dougherty Quinn Limited.

Please visit us at our new website www.dq.im

The Attorney

How many Attorneys do I need to appoint and whom should I appoint as my Attorney(s)?

One or more Attorneys can be appointed. However, if the Donor chooses more than one, they must decide whether they are able to act:

jointly (they must all act together and cannot act separately); or
jointly and severally (they can all act together but they can also act separately if they wish).

The Attorney(s) must be over 18, of full mental capacity and not be an undischarged bankrupt.

The Attorney(s) must be someone that the Donor trusts to manage the Donor's affairs as they would have managed them themselves. The Donor should consider the appointment of their spouse, children, friends or a professional appointment. We offer this service, should the Donor wish to appoint us as their Attorney.

What will the Attorney(s) be able to do with the Donor's assets?

Unless the Donor restricts the Attorney's powers, the Attorney will be able to deal with all of the Donor's money and property and may even be able to sell their house.
If the Donor doesn't want their Attorney(s) to have such wide powers, they can incorporate restrictions. For example, they can include a restriction that the Attorney(s) cannot act on behalf of the Donor until the Attorney(s) have reason to believe that the Donor is becoming mentally incapable. Any such restriction must be notified to us so that we can incorporate it into the Enduring Power of Attorney.
Unless the Donor puts in a restriction preventing it, their Attorney will be able to use any of the Donor's money or property to make any provision which the Donor might be expected to make for their own needs or the needs of other people. The Attorney(s) will also be able to use the Donor's money to make gifts, but only for reasonable amounts in relation to the value of the Donor's money and property.
The Attorney(s) can recover the out of pocket expenses incurred in acting as Attorney. If the Attorney(s) are professionals e.g. advocates or accountants, they may be able to charge for their professional services as well. The Donor may wish to provide expressly for remuneration of the Attorney(s) (although if they are trustees they may not be allowed to accept it).
If the Attorney(s) have reason to believe that the Donor has become or is becoming mentally incapable of managing their affairs, the Attorney(s) will have to apply to the court for the registration of the power. Prior to doing so, they will have to give the Donor written notice of this and give the opportunity to the Donor and their relatives to object to the registration of the power.