Let us know if these notes about Lasting Powers of Attorney help you understand this important area of law or if we can assist you to make your own Power.

What is a Lasting Power of Attorney?
A Lasting Power of Attorney enables you to appoint someone to act on your behalf if you lose your mental capacity. This has replaced the Enduring Power of Attorney.
There are two forms of Lasting Power of Attorney. Each is 26 pages long.

Property and Affairs Lasting Power of Attorney
This appoints an Attorney to make decisions on your financial affairs including property, banking, investment, tax and benefits.

Personal Welfare Lasting Power of Attorney
This appoints an Attorney to make decisions about where you should live, consenting to or refusing medical treatment on your behalf and day to day care.

Who Should be my Attorney?
Your choice of Attorney must be made very carefully. You should appoint someone you can trust to act and make important decisions in your best interests

You may want to appoint a family member or trusted friend. You can appoint different Attorneys to act in a Property and Affairs Lasting Power of Attorney and a Personal Welfare Lasting Power of Attorney.

You can appoint more than one Attorney to act jointly or separately.

It may be sensible to have two Attorneys so that if one dies or is unable to act, the other can continue. You can also appoint a substitute Attorney if necessary.

Making a Lasting Power of Attorney does not stop you acting personally in your own affairs while you are still able to do so.

How do I make a Lasting Power of Attorney?
We need to see you on your own and no other family members can be present at the interview.

Each form for a Property and Affairs Lasting Power of Attorney or a Personal Welfare Lasting Power of Attorney is in three parts

Part A Donor Statement
This part contains details about
• You and your Attorney/s and how they are to act
• The persons to be notified when the Lasting Power of Attorney is registered, and
• Your statement confirming informed consent to the terms of the Lasting Power of Attorney.

Part B Certificate Provider Statement
You must choose this person. They must have known you personally for more than 2 years or be a qualified person. They cannot be a member of your or the Attorney’s family. We may be able to assist in some circumstances.

The Certificate Provider must confirm:-
• There is nothing to prevent the Lasting Power of Attorney being created
• That in their opinion you understand the purpose and scope of the Lasting Power of Attorney
• No undue pressure or fraud is involved in your decision to make the Lasting Power of Attorney

Part C Attorneys Statement
Each Attorney must sign to confirm that they have read the explanatory information and understand their duties and obligations as an Attorney.
Both Lasting Power of Attorney forms include information about the purpose and effect of the Lasting Power of Attorney which must be read by you, the Certificate Provider and the Attorney.

Registration
A Lasting Power of Attorney cannot be used unless registered at the Office of the Public Guardian. When made it can be registered immediately or only registered when it is required. Registration can take 6-10 weeks.

A Property and Affairs Lasting Power of Attorney can be used while the Donor has mental capacity, unless otherwise stated.

A Personal Welfare Lasting Power of Attorney can only be used when the Donor no longer has capacity to make decisions affecting their health or personal welfare.

What if I do not have a Lasting Power of Attorney?
If you become mentally incapable and have no Attorney, an application would have to be made to the Court of Protection for a Deputy to be appointed.

How much does a Lasting Power of Attorney cost?
Unfortunately the legal requirements and time needed make Lasting Power of Attorneys expensive. Single Powers start at £350 plus VAT but charges vary according to your circumstances. We have discounts for couples and stepped charges based on the work you wish us to do.

We are always happy to offer an free initial discussion of your requirements and estimate the likely cost.

Contact Michelle Jenkins-Powell by phoning 02392 505500
or request a callback

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