Query re PoA

[M1B]

I am Power of Attorney for my 90 year old and don't think there is a will. Am I in a position as PoA to organise this ?

[Peridot]

Re: Query re PoA

Hi M1B,
As an attorney you cannot prepare a Will on behalf of the person you hold the power for. The only way a Will can be prepared is if the person has sufficient mental capacity to instruct someone to prepare the Will themselves and then has sufficient understanding of what they are requesting and ultimately signing. Of course if you are only assisting the person at this time they may not have lost capacity, but if there are capacity issues then you can't step into their shoes, so to speak.
The only other way to ensure a Will is in place would be to apply to the Courts for a statutory Will.
This link may help you: https://www.gov.uk/apply-statutory-will

[M1B]

Re: Query re PoA

Many thanks - I thought this might be the case but wished to confirm.
Much appreciated.

MB.