Every SP should have a Power of Attorney because there has to be continuing management of his practice in the event of incapacity.

From 1st October 2007 the form for this is a Lasting Power of Attorney.

The intended Attorney should be a Solicitor of the Supreme Court. That Attorney should have sufficient experience and time to manage the SP’s practice as well as retaining existing commitments. It is vital to discuss this thoroughly with your proposed attorney beforehand and obtain their consent to acting on your behalf in the way you propose. It is also recommended that the Attorney’s terms under which the Power would be assumed, including a fee structure, should be agreed in advance.

It is essential that a member of staff or family should be aware of the existence and place of the original Power of Attorney, otherwise it might be an academic exercise to complete it in the first place!