wHAT ARE LASTING POWERS OF ATTORNEY?
Lasting Powers of Attorney are legal documents you can put in place that appoint your trusted persons to manage your affairs, access your bank accounts and make decisions on your health and welfare in the event of you losing mental capacity. For over a decade now, there has been two types available - Financial & Property and Health & Welfare.
Mental capacity can be lost as a result of Alzheimer's, Dementia, a stroke or even an accident. We are all more vulnerable than it may seem.
Without a valid Lasting Power of Attorney, things can become very difficult if you were to lose mental capacity. Your loved ones would need to apply for a 'deputyship' order through the courts so they can have the ability to manage your affairs and make decisions on your behalf. During the application process which can take months and run up costs into the thousands, assets (including joint ones) are frozen to protect the individual until it can be determined who is the satisfactory candidate.
A Lasting Power of Attorney can only be setup whilst you are of sound mind so we advise all clients to make yours as soon as possible to avoid any unnecessary complications, costs and involvement from the courts.
Financial & property
Appoint 'attorneys' (usually family members or friends) to make decisions on your property, financial assets and utility bills if you are no longer able to do so.
Under the Data Protection Act 2018, it is unlikely a financial institution or utility provider will allow others to speak on your behalf without valid documentation in place that gives them authority.
health & welfare
Appoint 'attorneys' to make decisions on where or how you are cared for if you were to lose mental capacity and require residential care for example. Your attorneys can also represent you at your GP practice or the hospital.
Once your Lasting Powers of Attorney are signed, dated and witnessed, they will need to be registered at the Office of Public Guardian (OPG) before they can be used. A separate administration fee has to be paid to the OPG.
We will supply the registration documents which can be completed by the client or by ourselves. The final process is liaising with the OPG to complete registration.
Lasting Powers of Attorney*
- For an individual -
Lasting Powers of Attorney*
- For couples -
*Financial & Property and Health & Welfare
An additional charge for our specialists to register any documents on your behalf and liaise with The Office of Public Guardian.
GENERAL POWER OF ATTORNEY
This covers decisions about your financial affairs only and is valid while you have mental capacity. It is suitable if you need cover for a temporary period (hospital stay or holiday) or if you find it hard to get out, or you want someone to act for you. It will not be suitable if you want to make sure you're covered in the future.