Lasting Powers of Attorney

It is important that we prepare ourselves for unexpected injury or ill-health. Lasting Powers of Attorney can be a useful part of this process.

What is a Power of Attorney?

A Power of Attorney is a legal document whereby one person (the Donor) gives another person (the Attorney) power to act on his behalf, and in his name, in respect of his financial affairs.

What is a Lasting Power of Attorney?

An ordinary Power of Attorney becomes invalid if the Donor loses the mental capacity to manage his own affairs – just when the Power could be most needed.  

By a Lasting Power of Attorney, the Donor appoints an Attorney who, if the Donor subsequently becomes mentally incapable of managing his own affairs, can continue to act as Attorney.  

The Power cannot be used until it is registered with the Court of Protection, whether the Donor is mentally competent or not.  Once registered, the Attorney can act on behalf of the Donor without interference from the Court.

Why do it?

  • For peace of mind – you will know who will deal with your financial affairs if you are unable to do it yourself (temporarily or permanently) 

  • To save money - a small initial outlay now can save time, trouble and expense, and avoid the cost of a Court of Protection Deputyship in the event of mental incapacity 

  • To simplify the administration of your affairs for your family and friends in the event of your mental incapacity.   Your Attorney will be able to deal with your affairs without the difficulties encountered where there is no legal authority 

  • To be prepared.   No one can foresee the future; mental incapacity can occur unexpectedly e.g. following an accident or stroke.   Illness may result in physical incapacity or hospitalisation.   Bills still have to be paid, a business needs to be run, and arrangements may need making to sell a house and organise nursing or residential care

Decisions you need to make

  • Decide whom you wish to appoint as your Attorney or Attorneys (e.g. spouse and/or children) 

  • Consider if you wish to appoint a substitute Attorney should something happens to your first named Attorney 

  • Consider whether you wish to include any restriction on the Power (e.g. limit the power to particular property or to a particular aspect of your finances) 

  • Consider at least two family members or friends who will be notified when your Donor registers the Power, to act as a safeguard if there is any reason why the document should not be registered

How to make a Lasting Power of Attorney

Please consult a Solicitor.  A Lasting Power of Attorney is a legal document that must be completed in a prescribed manner. 

There is a new requirement under the Mental Capacity Act 2005 for the document to be signed by a Certificate Provider. This is an individual who goes through the document with the Donor to ensure that he or she understands its purpose, the scale of its authority and confirms that no fraud or pressure is being used to induce the Donor to create the Power.   We can act as the Certificate Provider when we prepare the Lasting Power for you.

Getting in touch

To find out more, please contact David Endicott on 01295 204005 or email ​LPA@se-law.co.uk