Planning for the future – Power of Attorney
Planning for the future is key to ensuring your best interests are looked after.
A Power of Attorney allows you to grant someone the power to act on your behalf and make decisions when you are no longer able to. A Power of Attorney will ensure that whatever happens in your future someone you have appointed will be looking after your affairs.
Two different types of Lasting Power of Attorney exist in England:
- Health and welfare – This type of Power of Attorney allows you to select someone to make decisions about things such as your daily routine, your medical care and whether or not you should have life-sustaining treatment. This type of power of attorney can be used only when you have been declared unable to make your own decisions.
- Property and finances – Unlike a Power of Attorney for health and welfare, this kind of power of attorney can look after your affairs at any time throughout your life. They can help make decisions about things such as paying bills and selling your home.
Your attorney is under a duty to act in your best interests of the person making the LPA and will be supervised by the Office of Public Guardian.
What you need to consider when planning to complete a Lasting Power of Attorney?
- Choice of attorney(s).
- Replacement Attorney(s).
- Restrictions and/or conditions on the attorneys.
- Do you want your attorneys to be paid?
- Who do you want to notify about the registration of the power?
When must you register a Lasting Power of Attorney?
An LPA cannot be used unless and until it is registered with the Office of the Public Guardian (OPG). A copy of the LPA must accompany the application to the OPG. On receipt the OPG sends notice of the application to the persons listed by the donor (the person making the Lasting Power of Attorney) in part A of their LPA. The recipient has up to 5 weeks to object to registration and gives the grounds for objection. Typical objections are that the donor lacked the capacity to make the LPA or the attorney is bankrupt.
How we can help?
Whether you know which type of Power of Attorney you wish to make or are unsure about any step in the process, our experienced Power of Attorney lawyers at AS Solicitors can help. We undertake all the necessary steps giving you complete peace of mind that the process has been handled by experts. Contact us for more information on 020 8318 4345 or firstname.lastname@example.org .