It is a difficult time when a customer loses capacity and often access to documents such as attorney documents are necessary to assist them. While it may seem like a straight forward process, it is important to note that View Legal has a legal obligation to the customer not to release documents to third parties without the consent of the customer. Where this consent cannot be obtained (i.e. the customer has lost capacity) View Legal require evidence that:
- The customer has lost capacity – this needs to be a letter from a doctor or specialist confirming that the customer has lost capacity and is unable to manage their affairs;
- The person requesting the document has the relevant authority to release the document (i.e. they are appointed as the customers attorney and their powers have been invoked); and
- The person requesting the document who has the authority to request the document is who they say they are – they will be required to provide evidence of their identity.
Please note that while an attorney may have the authority to access certain documents of the customer, this does not extend to the release of the customer’s will. The only people who have this authority is the customer themselves or the executor(s) if the customer has died.