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Legal Jargon

A person’s ability to understand information and make and communicate decisions about their life. The Court of Protection can be asked to determine whether a person has capacity. Where they do not have capacity, the Court can make decisions and appoint people to make decisions for them in their best interests.

An attorney is a person specifically appointed by someone to act and make decisions in their best interests. In residential property transactions this may be because the individual is ill or out of the country and wants to ensure that a trusted person is empowered to progress the transaction without delay. In other instances, attorneys are appointed through a Lasting Power of Attorney to make decisions for the Donor relating to their health or finances, either now or at a point in the future when they lack the capacity to do so for themselves. An attorney has power to sign documents and make legally binding decisions on behalf of the person making the appointment.

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