Power of attorney – Change to – Lasting Powers of Attorney
Life is full of uncertainties. Wouldn’t it be reassuring to know that your wishes will be respected even if you’re not in a position to make your own decisions either about your property and financial affairs or your health and welfare?
This preference for reassurance and certainty is why many people choose to create a Lasting Power of Attorney (LPA) to provide protection should an accident or ill health prevent them from making decisions in the future.
Enduring Powers of Attorney
LPAs have replaced Enduring Powers of Attorney (EPA) although EPAs do still remain valid. Like the LPAs, the EPAs can be used at any time as long as the person making the EPA (the Donor) was over 18 and had the ability to make their own decisions, the EPA was signed by the Donor and witnessed by an independent person and the EPA was signed by all Attorneys. The Donor has to give you permission to use the EPA if you plan on doing so before it is registered with the Office of the Public Guardian (OPG).
The EPA must be registered with the OPG when the donor starts to lose or has already lost mental capacity.
Lasting Powers of Attorney
An LPA is the updated legal document that allows you to appoint another person to make decisions about your wellbeing and financial affairs on your behalf. There are two types of LPA, one allows you to name Attorneys who will manage your property and financial affairs and the other names Attorneys who will make decisions about your health and welfare. You can appoint the same Attorneys for both types of LPAs, if you so wish. Appointing an attorney before you actually need one gives you the peace of mind that your affairs will be managed how you want them to be by people chosen by you, as opposed to a Court making a decision on your behalf. It’s not possible to create an LPA once you’re unable to make your own decisions so if this is something which you want to put in place then you should consider doing so as soon as possible.
To be implemented or activated, an LPA must be registered with the Office of the Public Guardian.
At Burn & Co Solicitors we can help with all aspects of creating an LPA - from choosing an Attorney and deciding what type of LPA is right for you, to correctly registering the documentation. If you’d like to find out more, give one of our expert lawyers a call today on 01904 655442. We offer a free initial advice meeting where we can explain the process to you. We will explain the procedure in plain English and ensure that you understand the process before you choose how to proceed. Our friendly team are always on hand to answer any questions you may have.
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