Lasting Powers of Attorney
A Lasting Power of Attorney is a legal document that lets you appoint one or more people, known as ‘attorneys’, to help you make decisions or to make decisions on your behalf. This gives you more control over what happens to you if you have an accident or an illness and can’t make your own decisions.
Our experienced team can help you to make a Lasting Power of Attorney for a fixed fee.
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There are two types of Powers of Attorneys:
Health and Welfare
Which can be used for:
- Daily routine
- Medical consent
- Long-term care
- Social services
- Life-sustaining treatment
Property and Finance
Which can be used for:
- Paying Bills
- Bank Accounts
- Credit cards
- Collecting benefits
- Selling your home
You can appoint more than one Attorney as well as replacement Attorneys. And you can provide guidance and place restrictions on the decisions your Attorney can make when you have lost mental capacity.
Powers of Attorney can only be used if they have been registered by the Office of the Public Guardian which costs £82 per Power of Attorney.
Attorney Abusing Position
Sadly, not everyone trusted to look after the financial or welfare of someone lacking mental capacity acts in their best interests. Where you suspect a person is abusing their power of attorney, you should act as soon as possible.
If you are concerned about the actions of an attorney our solicitors can advise and investigate their actions with a view to reclaiming lost assets, voluntarily retiring as Attorney or as a last resort applying to the court to revoke the power of attorney.
Please click a question below to expand:
It depends on whether that person has ‘testamentary capacity’.
Someone can only make a Will if that person has ‘testamentary capacity’ which, broadly speaking, is the necessary faculty to understand:
- the nature and purpose of a Will;
- the size of their estate; and
- an appreciation of those named to benefit or those excluded from the Will
Testamentary capacity is specific to making a Will, so someone may not have the capacity to manage their property and financial affairs, but could have the capacity to make a Will.
As (Lasting Power of) Attorney for my mother or father can I make and sign the new Will on their behalf?
No. Section 20 of the Mental Capacity Act 2005 restricts any Deputy / Attorney from executing a Will on behalf of an individual unilaterally, so an application to the Court must be made for authority to do so and for approval of a Will.
Although no new Enduring Powers of Attorney (EPA) can be created, it remains valid if it was created prior to 1 October 2007.
An EPA is required to be registered with the Office of the Public Guardian if the Attorney has reason to believe that the donor is becoming, or has become, mentally incapable of managing his or her property and affairs. The registration process requires notice to be given to the donor and at least 3 relatives, of which there is a prescribed order of priority.
There are rules, regulations and time limits that must be adhered to, so it is important to contact a solicitor for advice.
Latest Blog Posts
Ben Tyer in the Daily Telegraph: - Financial abuse rockets as more power of attorneys challenged by courts
Between 2014 and 2016 I discovered that financial abuse of the vulnerable by Attorneys and Deputy had rocketed.There was over a 250% increase in Attorneys or Deputies being removed from their roles due...
Ben Tyer in Moneywise.co.uk - Lasting power of attorney refund scheme launched: You could be due £108
This is an extract from an article at Moneywise.co.uk about a new refund scheme launched for those who have made a Lasting Power of Attorney.Between 1 April 2013 and 31 March 2017 the application process...
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