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Lasting Power of Attorney

A person can appoint someone to act as their Attorney and sign documents on their behalf - the common Power of Attorney's are:
General Power of Attorney - person appointed can sign any document on the Appointor's behalf
Specific Power of Attorney - limits the person appointed to sign only in relation to the item specified:

i.e. my property 25 Anywhere Street

The one thing these Powers have in common is if the person who gave them the Power becomes mentally incapable they are automatically revoked.   It then means applying to the Court Of Protection to be appointed Receiver but the Court oversees everything, says where any money has to be invested, requires accounts for every penny spent (literally) being submitted yearly and on top of that charges a healthy fee (Solicitors usually become involved as well - need we say more). Read Heather Bateman's story or watch a short video



The Alternative:

Lasting Power of Attorney

Sometimes people wish to plan ahead and set out in advance what they would like to happen should they become unable to make decisions for themselves in the future. A Lasting Power of Attorney (LPA) is an important legal document that enables a person who has capacity and is over 18 (Donor) to choose another person or people (Attorney(s)) to make decisions on their behalf. There are 2 different types of LPAs:

A property and affairs LPA is for decisions about finances, such as selling the Donor's house or managing their bank account; and

A personal welfare LPA is for decisions about both health and personal welfare, such as where to live, day-to-day care or having medical treatment.

An Attorney is appointed to make decisions as if they were the Donor themselves. An Attorney must act in the Donor's best interests and have regard to the Code of Practice
An LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. An unregistered LPA will not give the Attorney any legal powers to make a decision for the Donor. The Donor can register the LPA while they have capacity, or the Attorney can apply to register the LPA at any time.

So our advice is anyone who has a elderly relative with assets or concerns about future care should get them to draw up a Lasting Power of Attorney (whilst they are able mentally). Hopefully it will never be required but believe us, if it is, you will save a lot of expense, time and hassle than having to go to the Court of Protection.

We can prepare a Lasting Power of Attorney for your relative and act as certificate providers at a very competative price. Some Solicitor firms are charging up to £500 / £600. We can also arrange the the LPA to be registered if required. Please contact us for further information.

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