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What is a lasting power of attorney?

EH SolicitorsBlogWhat is a lasting power of attorney?

Jul

12

What is a lasting power of attorney?

power of attorney SolihullWhat is a lasting power of attorney? A Lasting Power of Attorney enables you to choose who you want to help you make decisions or to make decisions on your behalf either now or in the future should you become unable to make them yourself.

Have you ever thought what would happen if you became incapable of managing your own affairs?

This could happen if you suffer a stroke, an accident or an illness such as dementia. It could also happen at any stage in your life. A power of attorney document is different from making a Will.

If you lose mental capacity without a Lasting Power of Attorney in place, an application to the Court of Protection will have to be made by someone on your behalf. This may not be the person you would necessarily choose yourself. This can take several months to complete and can be very expensive.

To make a Lasting Power of Attorney you must be over the age of 18 and have the ability to make your own decisions.

There are 2 types of Lasting Power of Attorney:-

  1. Property & Finance
  2. Health & Welfare

Property & Finance

get a power of attorneyThis enables your attorney to help with the following:-

  • Dealing with your bank, building society and/or another financial institution
  • Paying your Bills
  • Collecting your Benefits
  • Buying or selling your home

This Lasting Power of Attorney can be used as soon as it is registered providing that you have given your permission to your attorney(s). For example, you may have capacity but may feel unwell and would prefer your attorney(s) to deal with matters on your behalf.

 

Health & Welfare

This enables your attorney(s) to make decisions in relation to:-

  • Your medical care
  • Your diet, what clothes you wear, your daily routine
  • Whether you should go into residential care
  • Life-sustaining treatment

Why Use a Solicitor?

On the face of it, the procedure for making a Lasting Power of Attorney appears to be straightforward and uncomplicated. In practice, this is not the case. Mistakes can be expensive and result in the Office of the Public Guardian rejecting the application when the Lasting Power of Attorney is submitted for registration

At Ellis Hass & Co Solicitors we will help you from start to finish. We will:-

  • Obtain your instructions in relation to your nominated attorney(s) and any specific wishes that you may have
  • If necessary we will discuss with your attorney(s) their duties and responsibilities
  • Explain to you the difference in appointing your attorney(s) jointly and appointing them jointly and severally. It is important that you understand the practical implications as a mistake can result in dire consequences
  • Witness all signatures and act as your certificate provider i.e certify that you have capacity
  • Insert specific wording on the Property & Finance Lasting Power of Attorney to enable your attorney(s) to deal with managed funds held by banks, building societies and other financial institutions on your behalf
  • Submit the application(s) on your behalf and liaise with the Office of the Public Guardian
  • Once the Lasting Powers of Attorney are registered we will provide you with certified copies to lodge with banks, utility companies, GP etc

Choosing the right lawyer is very important, we have a friendly and experienced legal team based in Solihull here to help you through every step, if you have any questions or would like to discuss your situation please call us on 0121 746 3002 contact ourĀ Solihull legal team here