Money Carersm FAQ

Irrevocable/Security Power of Attorney

If a debtor loses mental capacity and has not made an EPA, what procedure does his secured creditor have to follow if he wishes to realise his security Under the terms of the Legal Charge the debtor irrevocably appointed the creditor as his attorney. I understand that irrevocable powers are intended to survive mental incapacity. Can the creditor only do what the debtor can lawfully do at the relevant time?

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