Our specialist solicitors can guide you through the process of making a Lasting Power of Attorney, which enables another person, or Attorney, to take care of your affairs in the event of your becoming unable to do so. In order to make a valid Lasting Power of Attorney, you must be over the age of 18 and have the mental capacity to make this decision for yourself, although there is no requirement to be a British citizen or habitually resident in the UK.
Who to appoint?
You can choose who to appoint as your Attorney; who will be the person charged with making decisions on your behalf should this become necessary. You may appoint your partner, friend, relative or even your firm of solicitors, however, they must be over the age of 18.
The different types
There are two kinds of Lasting Power of Attorney, and you can decide to make one of these or both, depending on your situation:
- Property and Financial Affairs – this allows your Attorney to deal with all of your financial affairs including your pension, paying bills and even selling your home. This type of Lasting Power of Attorney can be used as soon as it has been registered, as long as you give your consent
- Health and Welfare – this allows your Attorney to make decisions about your care, including day-to-day aspects such as washing and meals, residential care and even life-sustaining treatment. This only applies when someone is incapable of making decisions themselves
You can change your Lasting Power of Attorney, including to remove one of your Attorneys, for as long as you have the mental capacity to do so. If however, you wish to add another Attorney, you will need to end your Lasting Power of Attorney and register a new one.
Guiding you through to the end
The legal experts at Stirling Ackroyd Legal have a great deal of experience in this area and will be able to guide you through the elements of making a Lasting Power of Attorney, ensuring that the process runs smoothly so that you can move on with peace of mind.
When appointed as an Attorney
If you have been appointed as an Attorney by someone else, the specialist team at Stirling Ackroyd Legal are here to help you.
The person who appoints you as their Attorney is called the ‘donor’, and despite the term ‘Attorney’, you do not need any qualifications or legal experience in order to do this. You must, however, be over 18 years of age.
The Lasting Power of Attorney must be registered with the Office of the Public Guardian before you can begin making decisions on the donor’s behalf. For Property and Financial Affairs, you may be able to do this whilst they still have mental capacity themselves, with their agreement. If they do not agree, it will only come into effect if they lose capacity in the future. All decisions must be made in the donor’s best interests, and you must not ask someone else to make decisions for you, even in very difficult situations.
Should you wish to know more about the services we offer, please feel free to contact our client services department via email@example.com, or give us a call 0203 058 3365.