By creating a Power of Attorney, you give someone you trust the power to make decisions on your behalf.
It can be a very mature way of thinking and will ensure that whatever happens in your future, there is someone you trust that can look after your affairs.
There are a number of different types of power of attorney, as described below:
Ordinary/General Power of Attorney
A General or Specific Ordinary Power of Attorney is commonly used in circumstances where the donor needs assistance over a short period of time The power can be as broad or narrow as you require and can allow the attorney to deal with all of your financial affairs or just specific matters such as selling a property or collecting a pension.
There is no need to register this type of power of attorney, it can be revoked with less formality than the alternative described below, and it will automatically become void if the donor becomes mentally incapacitated or has died.
If you would like the person you have appointed to continue to have the power to act for you once you have lost your mental capacity then you must make, what is known as a Lasting Power of Attorney.
Lasting Power of Attorney
A Lasting Power of Attorney will ensure that in the event of permanent or temporary mental incapacity, someone of your own choice will be able to represent you.
There are two very different forms of Lasting Power of Attorneys that can be made:
- Property and Affairs LPA (which allows your Attorney to manage your financial affairs.
- Health and Welfare LPA (which allows your Attorney to make personal and healthcare decisions).
An Attorney’s role under a Property and Affairs LPA includes collecting benefits, paying bills and expenses, managing bank accounts, buying and selling property and submitting tax returns.
An Attorney’s role under a Health and Welfare LPA includes making decisions as to residential and nursing care and consenting to health care decisions.
You can register your LPA straight away with the office of Public Guardian and have peace of mind in knowing that it can be used as soon as necessary. Alternatively, you can prepare your LPA and hold on to it. It can then be registered at a later date. .A Health and Welfare LPA can only be used when the person who made the application lacks the mental capacity to make decisions.
A Lasting Power Attorney provides protection to an individual once they lose their capacity, but also allows the person giving the power(s) (the donor) much more say in relation to how they want their affairs to be conducted.
When will I need a Power of Attorney?
You may decide you need a Power of Attorney if:
- You are facing the prospect of declining health and wish to avoid practical problems in the future.
- You want to ensure that your interests are looked after by someone of your choice.
- You want to minimise legal expenses to be incurred for the future when you are no longer capable of managing affairs.
What happens if I lose mental capacity and have not made a Lasting Power of Attorney?
If you do not have an LPA and you are not capable of making your own decisions, an application will have to be made to the Court of Protection to appoint somebody with authority to handle your affairs. Please read our Court of protection page for more information.
How we can help
We can give you peace of mind that the LPA is correctly prepared preventing it being rejected at registration of which will save time and additional court fees. We only assign work to qualified solicitors, so you can rest assure you are in safe hands.
Please contact us on 020 8318 4345 for more information, alternatively email us at enquiries@as-solicitors.com
Power of Attorney Solicitors, Lawyers in South East London, Lewisham, Lee Green, Hither Green, Greenwich, Blackheath, Kidbrooke, Eltham