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Lasting Powers of Attorney 

A Lasting Power of Attorney (“LPA”) is a document by which one person (“the Donor”) gives another person or persons of his choice (“the Attorney”) the power to act on his behalf and in his name i.e. to manage his affairs.  The Attorney should be somebody you trust.

An LPA cannot be used by the Attorneys until it is registered with the Court.

Only the Donor can make the decision to create an LPA and cannot be legally forced to do so.

The LPA must be made before the Donor becomes mentally incapacitated – after that it is TOO LATE. 

An LPA can save you pounds in the event of you becoming mentally incapacitated and an Application to the Court of Protection for a deputy to be appointed becoming necessary.

The LPA is made in two parts.  One part deals with property (not just houses, but bank accounts, building society accounts, shares, National Savings etc.) and the other part personal welfare.  Restrictions can be added so that the Attorneys only have limited power.

The LPA must be made in the prescribed form and must be registered with the Court before it can be used by the Attorneys.

Anyone can be a donor provided they are 18 or over and mentally capable.

An Attorney must be over 18 and not bankrupt at the time the Attorney signs the LPA.

A Certificate Provider is required.  That is someone who has known the Donor for at least 2 years and confirms that the Donor is granting the LPA of their own free will and is not being coerced into doing so.

Where more than one Attorney is appointed, the Donor will be required to say whether they are to act jointly (that is together on all matters) or jointly and severally (where they may act together or separately as they chose).  It is possible to say that the Attorneys must act jointly for example of transactions involving less than say £500 and jointly on matters involving over that sum.

Where the Attorneys are appointed to act jointly, if one dies then the LPA ceases to be valid but, if they are appointed jointly and severally, the Survivor (“S”) can continue to operate the Power.

The Donor may cancel or revoke the LPA at any time while mentally capable.

It is a good idea for everyone to consider an LPA regardless of age.

The above is intended as a general guide only and you should contact us to discuss your particular circumstances and affairs.  We accept no liability for any action or loss arising from this information.

 

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