What Is A Lasting Power of Attorney?
Simply put, a Lasting Power of Attorney is a legal document whereby an individual (known as “the donor”) grants legal authority to one or more other individuals to represent them in general legal matters or in a restricted manner in the event of lose of mental capacity.
A Lasting power of attorney allows an individual to appoint a trusted party to manage their affairs if they become unable to do so. The person that is appointed is called an “Attorney” and their role is to make the decisions that would be made if the individual known as the “donor” was able to do so themselves. An individual may appoint a friend, a relative or a professional to hold a Lasting Power of Attorney.
An Attorney must be aged 18 or over and not bankrupt. An individual may appoint more than one Attorney, so that Attorneys have to act and make decisions together.
Preparing a Lasting Power of Attorney is a way of making sure that, in the event of permanent or temporary mental incapacity, someone of the individual's own choosing is able to represent them.
Lasting Power of Attorney can be made to apppoint an Attorney for welfare decision as well as management of property and affairs.
If an individual does not have a Lasting Power of Attorney, and is not able to make their own decisions, an application will need to be made to the Court of Protection to appoint a deputy with authority to handle their affairs. This can be a time consuming and expensive application process. By making a Lasting Power of Attorney the uncertainty of who will be responsible for making decisions in the event of lose of capacity is removed.
The Attorney must act responsible, in accordance with the law and in the incapacitated person’s best interests in the decisions taken under a Lasting Power of Attorney. The Office of the Public Guardian registers and monitors Lasting Powers of Attorneys. If you have concerns about an acting Attorney for a friend or relative, we can assist you to report these. Equally if you have concerns about the validty of an appointment of an Attorney, we can assist you to apply to the Court of Protection who will decide on the validty of the Lasting Power of Attorney and can resolve disputes relating to these.
We offer a fixed fee for applications for a Lasting Power of Attorney and Deputyship. For further information about making an application for a Lasting Power of Attorney or Deputyship, speak to one of our Court of Protection & Mental Capacity solicitors today. Please contact us on 01622 356 911 or fill in our enquiry form.
Make, Register or End Lasting Power of Attorney - www.gov.uk
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