There are two types:
If you lack mental capacity it will be necessary for an application to the Court of Protection for an appropriate order, such as the appointment of a deputy to make decisions on your behalf. This may cause delay and expense. An enduring power of attorney made before the 1st October 2007 will remain valid providing it was prepared correctly.
There are separate forms for a property and affairs Lasting Power of Attorney and for a personal welfare LPA. The forms are not difficult in themselves to complete, but they will require a lot of thought and explanation. They are completed by the “donor”. The donor is the person who gives authority to the “attorney” to handle their affairs. Part A contains details about the donor and the attorney and Part B contains a “Certificate Provider’s Statement”. Section C is completed by the attorney in which they set out their personal details, confirm that they have read the prescribed information and understand their duties under the Lasting Power of Attorney.
You can have more than one attorney. They must be trustworthy, competent and reliable and possess skills and ability to carry out the necessary tasks. Attorneys can act together and independently.
Anyone asked to be an attorney should consider whether they have the skills and the ability to act and whether they wish to do so, bearing in mind the duties and responsibilities imposed on them.
This is to safeguard the donor because the certificate provider confirms that:
• The donor understands the purpose of the Lasting Power of Attorney and the scope of the authority given under it;
• That no fraud or undue pressure has been used to induce the donor to make the Lasting Power of Attorney;
• There is nothing else preventing the Lasting Power of Attorney being created
The law limits certificate providers to be:
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 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.
Would you like to set up a lasting power of attorney? Here are some options:
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