Lasting Powers of Attorney

Lasting Powers of Attorney

We are specialists with regard to the preparation of Lasting Powers of Attorney.

If you would like further information about making Lasting Powers of Attorneys please do not hesitate to contact us. Please telephone Aileen Francis who is a very experienced solicitors in these matters and a full member of STEP (Society of Trust & Estate Practitioners) on (01424) 721234).

We prepare all types of Lasting Powers of Attorney.
There are two types of Lasting Power of Attorney:-

1. Lasting Power of Attorney-Property and Finances

This is a powerful legal document by which you give someone you trust power to make decisions about your property and finances and it is possible to appoint your solicitor as your Attorney.

Unless you include restrictions your Attorneys will have the same control you have over your money e.g collecting benefits and paying bills, savings e.g dealing with the bank, any investments e.g stocks and shares and property e.g selling your house.

The advantage of the Lasting Power of Attorney is that your Attorney’s powers will continue even if you become completely unable to manage your financial and property affairs.

2. Lasting Power of Attorney-Personal Welfare

This is a powerful legal document by which you give someone you trust power to make decisions about your personal welfare. E.g decisions about treatment, where you live, medication etc.

In the document it is possible to give your Attorneys power to make decisions with regard to life sustaining treatment if you wish. The advantage of the Lasting Power of Attorney-Personal Welfare is that your Attorney’s powers will continue even if you became completely unable to make decisions with regard to your personal welfare.

Certificate Provider
Someone must provide a Certificate confirming you understand the purpose of the Lasting Power of Attorney and the scope of the powers you are giving to your Attorneys and that you are not being forced to make the Lasting Power of Attorney.

A Certificate Provider is a person that you must select. A solicitor is able to act as a Certificate Provider when a Lasting Power of Attorney is made.

Registration
A Lasting Power of Attorney cannot be used until it has been registered with the Office of the Public Guardian (OPG) and we are able to deal with all aspects of registration for you once the Lasting Power of Attorney has been made.

The Mental Capacity Act and its Code of Practice
The Act protects people who may not be able to make their own decisions e.g because of illness including dementia and stroke.

Your Attorneys must have regard to the Code of Practice which provides guidance on the Mental Capacity Act 2005 which makes it clear that the Attorneys must always act in your best interests. If evidence is presented to the Office of the Public Guardian that an Attorney is not acting in your best interests the Public Guardian will consider what, if any, action might need to be taken. We are able to advise you on The Mental Capacity Act 2005 and its Code of Practice.

It is useful to make a Lasting Power of Attorney whilst you have the capacity to do so. It may then be ‘kept’ until needed.

If someone lacks the capacity to make a Lasting Power of Attorney it is possible for someone to apply to the Court of Protection to be appointed a Deputy to manage the affairs of the person who lacks capacity. Please see our page on Court of Protection about this.

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