Q&As
Where a donor of a lasting power of attorney appoints an attorney who lives overseas, under what circumstances can the attorney be reimbursed from the donor's bank accounts to fund their travel when returning to the UK?
Powers of attorney are a form of agency but they differ from conventional commercial agencies in that they confirm to a third party that the attorney has power and the extent of that power, rather than governing the relationship between the principal and agent. Many of the principles governing the duties of the attorney have been developed by the common law and the law relating to trustees and fiduciaries. In the case of lasting powers of attorney, there are additional statutory rules contained in the Mental Capacity Act 2005 (MCA 2005).
As a general principle, a principal must reimburse the agent for all expenses, and indemnify them against
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