Lasting Powers of Attorney
I have always said that everyone needs a Will. With longer life expectancy and the increase in dementia, I now say that everyone needs a Lasting Power of Attorney. You mustn’t wait until someone loses mental capacity as it’s too late then for them to sign a Lasting Power of Attorney and you would need to apply to the Court of Protection to make decisions and manage their affairs for them.
What is a Lasting Power of Attorney?
There are two types of Lasting Power of Attorney: Property and Financial Affairs and Health and Welfare. Once the Lasting of Attorney is registered with the Office of the Public Guardian the attorney can act for you with your consent straight away. This is very useful for example if you begin to lose mobility and want your attorney to go to the bank for you. If and when you lose mental capacity, your attorney can make all decisions on your behalf and manage your affairs for you without having to apply to the Court of Protection.
Checklist for a Lasting Power of Attorney
This section contains a checklist of the decisions you will need to make before creating a lasting power of attorney.
- Which type of Lasting Power of Attorney do you want to make? The Property and Finance Lasting Power of Attorney is the most common. I charge an additional £50 if you also wish to sign a Health and Welfare Lasting Power of Attorney.
- Who will act as your attorney(s)? It is important that you totally trust your attorneys to act in your best interests and to work together when appropriate.
- If you have more than one attorney, how will they work together to make decisions? We advise that you allow attorneys to act independently of one another but that you trust them to consult with one another about major decisions.
- If you are making an Lasting Power of Attorney for property and financial affairs, whether you want your attorney to be able to make decisions while you still have mental capacity? You can choose to authorise attorneys to act in your place, provided they have your express consent. This might be useful if you are out of the country or find it difficult to leave the house.
- If you are making an Lasting Power of Attorney for health and welfare, whether you authorise your attorney(s) to make decisions about life sustaining treatment. If so, your attorneys can still choose to follow the advice of doctors. If not, the decision lies with the doctors.
- Do you want to place any extra restrictions on what the attorney(s) can do? We usually advise that you do not restrict what attorneys might do on your behalf.
- Do you want to specify any preferences to your attorney(s)? Again, we generally suggest you express preferences separately from the Lasting Power of Attorney but you can include preferences if you wish.
- Who do you want to be your Certificate Provider? If you instruct us, this would be the solicitor, Ann McCabe
- Do you want anyone to be notified when your Lasting Power of Attorney is about to be registered? If so, who? This is not necessary but in some circumstances you might want someone who is not going to be an attorney to be formally notified by the Office of the Public Guardian.
- Do you want to register your Lasting Power of Attorney immediately? Once registered, the Lasting Power of Attorney can be used. You might choose not to register it if you think it likely that you would change the Lasting Powers of Attorney.
Phone 01782 627589 for free legal advice
Articles on Lasting Powers of Attorney
Price freeze until 31st August 2017
26th May 2017