Lasting Power of Attorney

Without even thinking we would naturally insure our cars and our homes, our holidays, even our beloved pets but few of us ever take out ‘self-insurance’. While a Will protects your loved ones after you die, a Lasting Power of Attorney looks after both them and you before you die.

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A Lasting Power of Attorney (LPA) is a legal document that allows another person (an attorney) to make decisions about the donor’s health and welfare or property and financial affairs on their behalf. The document gives the attorney power to act at a time in the future when the donor may no longer wish to make informed decisions or may not have the mental capacity to do so.

As the Lasting Power of Attorney is an important document giving power to another person, there’s a specific legal format it must adopt for it to be an authentic document; here’s some possible safeguards:

  • Needs to be registered with the Office of the Public Guardian before it can be used by the attorney
  • Before it’s registered, certain “named” persons related or connected to the donor may be notified and will have the opportunity to object if needs be
  • It must contain a certificate from an appropriate person that the donor understands the LPA agreement and has not been forced to make it

Lasting Power of Attorney

Who Can Be An Attorney?

To classify as an attorney you must be 18 or over, have the mental capacity to make informed decisions and not be a bankrupt. The attorney is the person chosen by the donor and appointed to take decisions regarding the donor’s personal welfare or property and affairs. This is an important responsibility and the donor should ensure that the attorney is willing to be appointed and able and capable of making those decisions.

Who Can Be An Attorney?

To classify as an attorney you must be 18 or over, have the mental capacity to make informed decisions and not be a bankrupt. The attorney is the person chosen by the donor and appointed to take decisions regarding the donor’s personal welfare or property and affairs. This is an important responsibility and the donor should ensure that the attorney is willing to be appointed and able and capable of making those decisions.

How Do I Make A Lasting Power Of Attorney?

An LPA is a formal legal document and must be completed carefully (with supervision). To complete it, you need to consider the following points:

  • Who’s going to be the attorney? Is this person appropriate? Does he/she agree to be appointed?
  • Do you wish to give general power to your attorney, or limit or restrict the attorney’s powers?
  • Who is to be given notification of the application to register the LPA?
  • Who is to provide a formal certificate of capacity? e.g a GP?
  • Once you have considered these points, the document can be prepared, the certificate of capacity obtained and notice given of the registration. The LPA can then be registered and, once registered, is ready for use.
write a will

We have an experienced Will and Estates team who specialise in drafting Lasting Powers of Attorney. We’ll provide straightforward and clear advice in the writing of your Will.

We will help you write your Will so that your family or other benefactors are looked after in the event of a death.

No, we offer a free consultation meeting and during this will go through the whole process with you. Our aim is to make this whole experience as easy and as stress free as possible during this difficult time.

If you would like to speak to one of our specialist Wills & probate solicitors, feel free to call us on 0113 200 9787.

Lasting Powers Of Attorney FAQ's

Can I Object To A Lasting Power of Attorney?

If you feel that an Attorney is not doing their job properly or that someone unsuitable is trying to get appointed, then you can make an objection. We can advise you on the grounds for objection and help you make a successful complaint against an Attorney or put in an objection to a registration.

How Do I Get A Power Of Attorney For My Mother & Father?

Ultimately the instruction to act must come from the person who wants to make the Power. We’re more than happy to speak to who it may concern and advise them before they make any decisions.

What’s The Difference Between A Lasting Power of Attorney and Deputyship?

A Lasting Power of Attorney is when you appoint someone to make decisions on your behalf should anything unforeseen happen in future. A Deputy is someone who has been appointed by the Court to make decisions for someone who is unable to make them for themselves. Most commonly this close be a friend or relative, sometimes it is a professional.

Contact Us Today

To have an initial consultation about writing a Lasting Power of Attorney or contesting a Will contact us now or call 0113 200 9787.

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