LASTING POWER OF ATTORNEY
We are all living longer which increases the risk that at some stage we may become unable to make our own financial or welfare decisions. Quite rightly no-one, not even your husband or wife, has access to your cash, investments or property without your permission. This can lead to untold expense and worry for your family who would need to make an application to the Court of Protection if you become unable to manage your finances or make welfare decisions through illness or accident.
This Court of Protection process is both lengthy and expensive – the person appointed by the Court (the Deputy) may not be the person you would have chosen and could even be an official. The Deputy has to submit formal accounts to the Court each year and make an application to use money for your own benefit – expensive Court fees are payable initially and then on an annual basis. Costs quickly mount up.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document that allows someone to choose other people who they want to make decisions on their behalf when they lack the capacity to make the decision themselves, either for mental or physical reasons. It is completed and signed by the person making the Power of Attorney (the “Donor”) and the people chosen to make decisions on the person’s behalf (the “Attorneys”).
A Lasting Power of Attorney can only be used after it has been registered with the Office of the Public Guardian. We would advise that the Power of Attorney is registered immediately after it has been signed because the registration process can take several months and any problems or objections can be more easily overcome whilst the Donor has capacity.
You can change your mind and cancel the Lasting Power of Attorney at any time even after it has been registered if you have the mental capacity to do so.
Who can make a Lasting Power of Attorney?
Anyone aged 18 or over can make an LPA. Anyone making an LPA needs to have mental capacity when they make it. It is advisable for everyone to make an LPA because no-one knows when accident or illness may occur. If you making a Will you should put an LPA in place at the same time.
There are two types of Lasting Power of Attorney:-
Property and Financial Affairs
You can appoint attorneys to make financial decisions including the buying and selling of your house, operating bank accounts and investments, dealing with your tax affairs and claiming benefits on your behalf
Health and Welfare
You can appoint attorneys to make decisions relating to your living accommodation and care, medical treatment and matters such as diet, dress and visitors. Health professionals are not obliged to take into account the views of relatives when decisions are being made for someone who lacks capacity unless a Power of Attorney is in place. Confidentiality issues mean that GP’s and Hospital Consultants can refuse to discuss medical treatment even with a spouse where no Power of Attorney exists
Who should I appoint as my Attorney?
Your attorney should be a person you know and trust. Your attorney must be at least 18 years of age and must not be a bankrupt. You can choose more than one attorney and you can name a replacement in case an attorney is unable to act for you.
Married couples usually appoint each other initially as their attorney and then include their children or other relatives as replacement attorneys.
A Lasting Power of Attorney ceases on death at which point your Will takes effect
Why Choose Us?
Although Power of Attorney forms are available online the process is rigorous and most people find the notes and guidance overwhelming. We will prepare all the documents for you once we have met you in your own home and at your convenience. We will act as the “Certificate Provider” to confirm that you understand the significance of what you are doing and we will complete the registration formalities for you.
If your Power of Attorney is prepared at the same time as your Will a discounted fee will apply.
We are all living longer which increases the risk that at some stage we may become unable to make our own financial or welfare decisions. Quite rightly no-one, not even your husband or wife, has access to your cash, investments or property without your permission. This can lead to untold expense and worry for your family who would need to make an application to the Court of Protection if you become unable to manage your finances or make welfare decisions through illness or accident.
This Court of Protection process is both lengthy and expensive – the person appointed by the Court (the Deputy) may not be the person you would have chosen and could even be an official. The Deputy has to submit formal accounts to the Court each year and make an application to use money for your own benefit – expensive Court fees are payable initially and then on an annual basis. Costs quickly mount up.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document that allows someone to choose other people who they want to make decisions on their behalf when they lack the capacity to make the decision themselves, either for mental or physical reasons. It is completed and signed by the person making the Power of Attorney (the “Donor”) and the people chosen to make decisions on the person’s behalf (the “Attorneys”).
A Lasting Power of Attorney can only be used after it has been registered with the Office of the Public Guardian. We would advise that the Power of Attorney is registered immediately after it has been signed because the registration process can take several months and any problems or objections can be more easily overcome whilst the Donor has capacity.
You can change your mind and cancel the Lasting Power of Attorney at any time even after it has been registered if you have the mental capacity to do so.
Who can make a Lasting Power of Attorney?
Anyone aged 18 or over can make an LPA. Anyone making an LPA needs to have mental capacity when they make it. It is advisable for everyone to make an LPA because no-one knows when accident or illness may occur. If you making a Will you should put an LPA in place at the same time.
There are two types of Lasting Power of Attorney:-
Property and Financial Affairs
You can appoint attorneys to make financial decisions including the buying and selling of your house, operating bank accounts and investments, dealing with your tax affairs and claiming benefits on your behalf
Health and Welfare
You can appoint attorneys to make decisions relating to your living accommodation and care, medical treatment and matters such as diet, dress and visitors. Health professionals are not obliged to take into account the views of relatives when decisions are being made for someone who lacks capacity unless a Power of Attorney is in place. Confidentiality issues mean that GP’s and Hospital Consultants can refuse to discuss medical treatment even with a spouse where no Power of Attorney exists
Who should I appoint as my Attorney?
Your attorney should be a person you know and trust. Your attorney must be at least 18 years of age and must not be a bankrupt. You can choose more than one attorney and you can name a replacement in case an attorney is unable to act for you.
Married couples usually appoint each other initially as their attorney and then include their children or other relatives as replacement attorneys.
A Lasting Power of Attorney ceases on death at which point your Will takes effect
Why Choose Us?
Although Power of Attorney forms are available online the process is rigorous and most people find the notes and guidance overwhelming. We will prepare all the documents for you once we have met you in your own home and at your convenience. We will act as the “Certificate Provider” to confirm that you understand the significance of what you are doing and we will complete the registration formalities for you.
If your Power of Attorney is prepared at the same time as your Will a discounted fee will apply.
GM Watts Solicitors 2A Ridge Langley Sanderstead South Croydon CR2 0AR
This firm is Authorised and Regulated by the Solicitors Regulation Authority (SRA No. 125520)
This firm is Authorised and Regulated by the Solicitors Regulation Authority (SRA No. 125520)