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 Lasting Power of Attorney 

What is a Lasting Power of Attorney?

A Lasting Power of Attorney is a very important but relatively straight forward document albeit it can be a very time consuming process that requires precision and accuracy. 

 

In essence the Donor is signing over their rights to make important decisions as to their health and welfare and/or finances to selected Attorneys of their choice. 

There are 2 types of POA 

  • Property and financial affairs

  • Health and welfare

 

The Donor may choose to have one or both.

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Why would you need one?

Whilst all of us would like to think we will live a long and happy life, the reality is that none of us can predict our own future.  But we can prepare for it.

 

Health problems can arise very quickly and if you suddenly become unable to look after your finances or make decisions about your health (due to physical or mental health issues), then a Lasting Power of Attorney will allow for your Attorneys to make decisions and act on your behalf.

 

Without one, if you lose capacity to make these decisions on your own then it be necessary for an application to be made to the Court of Protection for an order, such as appointing another person to make decisions on your behalf. 

 

This is a costly and time-consuming process which can be avoided by making a Lasting Power of Attorney at the right time and registering it before you lose capacity.

How can we help?

Not only we will be able to complete all of the forms on your behalf, ensuring that they reflect the Donor's wishes but we will meet with the Donor and ensure that as far as we are concerned, they understand what they are doing by making the agreement and that they have the necessary capacity to make this important decision on your behalf.

Once the decision has been made to make a Lasting Power of Attorney, we carry out additional checks by notifying some of the Donor's closest friends/family to ensure that they can make any representations if they have any concerns that the Donor does not in fact have the necessary capacity or that they have concerns that the Attorney's are not appropriate.  This is an added safety net and creates further protection for the Donor.

Thereafter, we will discuss with the Donor when to register the Lasting Power of Attorney with the Office of Public Guardian.  This is an important step in the process as the Registration should generally happen before the Donor lacks capacity in order to afford the best protection.

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