Powers of Attorney

Welcome to the section of our website especially for people requiring legal services for their own personal needs.

For a more detailed discussion of your requirements, free of charge and without any obligation, please contact

Karen Gundel on 01623 460444

or by e-mail kgundel@alcocks-solicitors.co.uk.

 

Powers of Attorney

Lasting power of attorney

What is it?

A Lasting Power of Attorney is a legal document that lets you appoint someone to make decisions about your welfare, money or property on your behalf.

Why do I need one?

These documents can be enforced for your when you no longer wish to manage your own affairs or when you lack the mental capacity to do so allowing your chosen person to act in your best interests.

In circumstances where a person has not appointed an attorney and loses their mental capacity, it may be necessary to apply to the Court of Protection. The Court of Protection makes decisions for people who are unable to do so for themselves and can order that an attorney (in this case called a ‘deputy’) be appointed. This process can be long and costly and can involve attendance at court hearings. We can advise on the procedure for applications for Court of Protection if required.

At Alcocks we offer a friendly, approachable service in relation to Lasting Powers of Attorney to allow others appointed by you to deal with your affairs and trusts in relation to your property. In order to give these powers to others, you must do so whilst you are mentally capable.

We are able to offer home or hospital appointments if required to discuss your particular circumstances and can help your relatives fill in the forms.

If you would like to talk to someone about giving a power of attorney, please contact Karen Gundel on 01623 460444.

 

Lasting Powers of Attorney (LPA) replaced the Enduring Power of Attorney (EPA) on 1 October 2007. A person given power under an EPA before 1 October 2007 can still use it and apply to have it registered. This person has a duty to apply to register the EPA as soon as they believe that you are becoming or have become mentally incapable of making financial decisions for yourself. If you have an unregistered EPA and still have the capacity to make decisions for yourself, you can make a Personal Welfare LPA to run alongside it.

An LPA is a legal document that lets you appoint someone you trust as an ‘attorney’ to make decisions on your behalf.

It can be drawn up at any time while you have capacity, but has no legal standing until it is registered with the Office of the Public Guardian.

A registered LPA can be used at any time, whether you have the mental ability to act for yourself or not.

You can create two types of LPA:

  • Property and Affairs LPA
  • Personal Welfare LPA

Property and Affairs LPA

A Property and Affairs LPA allows you to choose someone to make decisions about how to spend your money and the way your property and affairs are managed.

Personal Welfare LPA

A Personal Welfare LPA allows you to choose someone to make decisions about your healthcare and welfare. This includes decisions to refuse or consent to treatment on your behalf and deciding where you live. These decisions can only be taken on your behalf when the LPA is registered and you lack the capacity to make the decisions yourself.

The Procedure for making a LPA

As with EPAs, the donor can appoint one attorney or more than one. The LPA should specify whether, if there is more than one attorney, the attorneys must act together or act separately.

An LPA can be registered by the donor or their attorney at any time after it has been made, but it cannot be used until it has been registered by the Officer of Public Guardian.

Once registered, the attorney has the authority to act in accordance with the terms of the LPA. As with EPAs, third parties such as banks or medical professionals will need to see a copy of the document before they will accept an attorney’s instructions.

A donor can revoke their LPA at any time provided they have the mental capacity to do so. If you would like to talk to someone about giving a power of attorney, please contact Harriet Hawkins at our Mansfield office on 01623 460444