Do you need an expert team to help you with a Lasting Power of Attorney?
Our professional team are experts at dealing with vulnerable clients and have extensive experience in advising the elderly, due to many years of working with clients of all ages – and often several generations of the same family. We tailor our advice to your needs, and our aim is to make every step of the way as straightforward and easy as possible for you. This can include advice on asset protection, long term care contracts, Powers of Attorney, Court of Protection issues, making gifts, Wills, Statutory Wills and funeral planning.
We are one of the few firms in the region with a dedicated, highly experienced litigation solicitor specialising in Wills, Inheritance and Probate work. Where we can, we always try and resolve a dispute before making an application to the Court of Protection, but where this isn’t possible, we can use our significant experience of both the Mental Capacity Act 2005 and the Civil Procedure Rules and the Court process to ensure that applications can be made as quickly as possible, recognising that these can be challenging times for families. We also appreciate that it isn’t always easy for clients to get to us, and if you are unable to attend our offices, we offer home visits.Contact us
There isn’t actually a limit on the amount of Attorneys you can have. The number of Attorneys you can have is generally advised to depend on your personal circumstances. But, we would always recommend appointing at least two Attorneys.
Yes, there are two types of Lasting Power of Attorney in England and Wales. Lasting Power of Attorney replaced Enduring Power of Attorney in 2007. Enduring Power of Attorneys that were signed before then are still valid and can be registered. However, the Lasting Power of Attorney is far more flexible. You can have a Lasting Power of Attorney that is related to your financial affairs and property and one that is related to your health and welfare.
An Attorney is only able to make decisions when the Lasting Power of Attorney has been registered at the Office of The Public Guardian. If an Attorney has been appointed under a health and welfare power, they can only make decisions on behalf of the Donor when they no longer have the mental capacity to do so themselves.
Anyone who is over the age of 18 can act as an Attorney. It is common for Donors to appoint close members of their family as their Attorneys.
Your Attorney can only sell your home if it’s in your sole name. If you jointly own your property, then they would have to speak with the other owners. If your Attorney is also a co-owner (for example, your husband or wife), then they cannot sell the house on their own without an appointed Trustee.
It is a database that contains details of all legally registered Lasting Powers of Attorney. Once a Lasting Power of Attorney has been registered, anyone can apply to search the register.
A Lasting Power of Attorney expires when the Donor passes away. The basic logic for this in England and Wales is that the Lasting Power of Attorney enables decisions to be made when someone can no longer make them themselves, but when they die, decision making would also cease to exist. The documents can also be revoked if you no longer want them in place as long as you have mental capacity to do so.
Yes, within the Lasting Power of Power, you can state how you want your Attorney to act on your behalf. For example, you may wish not to give your Attorney authority over some of your property and financial affairs but want them to be able to make decisions about your health and care.
The Office of the Public Guardian is a government organisation that sits within the Mental Capacity Act 2005 framework. It protects the private assets, financial affairs and personal welfare of people who lack the mental capacity that is needed for making decisions.
It is always best that the Lasting Powers of Attorney are put in place as you will not be able to make these if you lose capacity. If you have not made one then your family members would have to make an application to the Court of Protection to obtain a Deputyship Order allowing them to deal with your affairs.
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