Lasting Power of Attorney

A document that allows people YOU choose, to run your financial affairs if you become incapable.

There are two different types of Lasting Power of Attorney:

One for Property and Affairs-this enables your Attorneys to use your financial assets for your benefit.

One for Health and Welfare-this enables your Attorneys to make medical decisions on your behalf.

How does it work?

You are the ‘Donor’. In the document you appoint Attorneys-people to act for you-and if you wish, replacement Attorneys in case on or more of your original Attorneys cannot or will not act.

You must also appoint someone to be notified when the Power is registered. ( It must be registered with the Office of the Public Guardian before it is ‘live’ and can be used.) If this person believes that things are not as they should be, this gives them the opportunity to object and the registration would then be looked into.

You must then appoint a Certificate Provider. This is a person – such as a legal or medical professional – or a friend who has known you for two or more years – who will Certify in the document that you know what you are doing and are not being coerced into making the Power.

OR…

You could just appoint TWO Certificate Providers who will both certify in the document that you know what you are doing and are not being coerced into making the Power.

What happens then?

Once the Power has been registered, your Attorneys can use it so that they may take it to the Banks or Building Societies, or anywhere that you hold assets and then they can use those assets for your benefit, or in the case of a Health and Welfare LPA, they can make medical decisions for you.

There are strict rules about what they can and cannot do; these are explained on the Office of the Public Guardian website (please see www.publicguardian.gov.uk).

If you wish to know more or believe that a Lasting Power of Attorney would be in your interest, please call FREE on 0800 019 1540 to discuss this further.