Lasting Power of Attorney
A Power of Attorney is a document by which one person gives another the power to act on his or her behalf – either generally or limited for specific purposes.
A conventional Power of Attorney lapses and ceases to have effect when the donor loses mental capacity. It has for some time been possible to grant an Enduring Power of Attorney which survives loss of mental capacity but the law changed and it was no longer possible to grant a new Enduring Power of Attorney after 31 October 2007.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) permits individuals to give authority to named Attorneys to make decisions on their behalf. An LPA may grant authority to an Attorney:-
Appointing an Attorney:
An Attorney must be:-
Use of an LPA:
An LPA may not be used until it has first been registered at the Office of the Public Guardian (OPG). An LPA may be registered:-
The Attorney’s authority:
Property and affairs:
Unless the LPA contains restrictions the Attorney may make all financial decisions that the donor could have made including buying and selling assets, claiming state benefits, paying expenses, dealing with tax affairs, managing investments and making gifts.
Personal and welfare:
This includes decisions as to where the donor should live, arrangements for his day to day care, rights of access to the donor’s personal information and consenting to or refraining from medical treatment.
The duties and responsibilities of an Attorney:
An Attorney is required:-
An Attorney may face civil liabilities for negligence, breach of trust or breach of confidentiality – which may result in awards of compensation should they fail to comply with these duties.
Lawson Lewis Blakers are able to offer expert and cost effective management for the financial affairs of the elderly - dealing either with more demanding issues such as dealing with tax affairs and management of assets to a full management service.
We are able to offer specialist advice.
Call 01323 720142 now for a consultation with a specialist Solicitor or a Lawyer at Lawson Lewis Blakers.