PROTECT - PERSONAL

Linda Kirby
/
Tuesday, 22 November 2011 / Our ref: FOI-NOV-11-005
Your ref:

Dear Ms. Kirby

Freedom of Information Request

Thank you for your email of 21 November 2011, in which you asked for information from the Office of the Public Guardian (OPG). Specifically the information you request relates to:

·  How to find out where an Enduring or Lasting Power of Attorney was taken out between 1986-1991.

·  Can a solicitor if he has any of the Power of Attorneys also write and give advice on the Will the person makes?

·  Can a will be made if someone else has Power of Attorney and a will was not made before someone else took over their affairs?

·  If the solicitor has any of the Powers of Attorney if this same solicitor is then involved in the making of a will, is this classed as a conflict of interest?

·  Can a Power of Attorney be taken out without the person knowing?

·  Does this have to have been done through a court or can the solicitor do this without going through court?

·  If the above was done, what was in place to make sure the client is safe?

If I have misinterpreted your request, or failed to include something, please contact me.

Your request is being handled under the terms of the Freedom of Information Act 2000 (FOIA), and you will receive a response by 19 December 2011.

The FOIA does provide a number of exemptions. A qualified exemption requires that before relying on it we must consider the public interest test. If the information you have requested is covered by a qualified exemption(s) under the FOIA, the Department is allowed to take longer than 20 working days to respond. This is because in such circumstances we are required to consider the public interest issues when deciding whether or not to disclose the information requested.

If more time is needed to consider the public interest issues under a qualified exemption(s), we will write to you and inform you of the revised date you can expect to receive a response to your request.

Yours sincerely,

Paul Pendleton

Knowledge & Information Liaison Officer

Office of the Public Guardian, PO BOX 16185, Birmingham, B2 2WH

www.publicguardian.gov.uk