Lasting Powers of Attorney
Lasting Powers of Attorney experts based in Northamptonshire.
These documents are created during your lifetime in which you, as the Donor, give chosen persons (your Attorneys), the responsibility of handling some or all of your affairs, whether property and financial or personal welfare, in the event that you are no longer able to do so through either physical or mental disability.
They came in to being as a result of the Mental Capacity Act of 2005 which recognised that, in the light of greater understanding of the process of mentally debilitating conditions, Attorneys should consider their obligations differently. They superceded Enduring Powers of Attorney, which although still valid for use provided they were set up, signed and witnessed before 31st October 2007, new ones cannot be raised.
The Mental Capacity Act also recognised that there was a need for individuals to appoint Attorneys for not only matters pertaining to Property and Finances but also Personal Welfare Issues – hence there are two separate documents which can be raised. The personal Welfare document also makes provision for the Attorneys to give consent to termination of any life support treatments. Please note – this is NOT the same as you making a Living Will (or Advance Medical Directive).
Both documents require you as the Donor to name up to four Attorneys. These should be people you trust implicitly as they will have powers to act in your stead. You may also appoint replacements to cover the eventuality of Attorneys who may not be able to act. Attorneys are usually relatives or friends, but may be professional persons – remember, they can charge you fees for their services.
You also need to appoint at least one “Certificate Provider” – either a professional person or someone known to you for at least two years who is certifying that in his/her opinion you understand what the document(s) is all about and that you have not been coerced or otherwise influenced in to making it.
Finally, a “Nofifiable Person” needs also to be named. This is someone known to you who is given the chance to object to the registration of the document(s) if he/she believes you do not understand the document(s) or have been coerced or otherwise persuaded in to making it. Such a person has three weeks to object.
Each document MUST be registered at the Office of the Public Guardian before it can be used. There is a statutory administration and registration fee levied by them which is currently £82 per document (September 2017). The length of the registration process at the Office of the Public Guardian varies dependent on the volumes they have to cope with but, generally takes about 12 weeks to complete. Please be sure to make your application in good time as this process can’t be over-ridden.
If you or anyone you know is looking for more help and guidance regarding Lasting Powers of Attorney, then please give us a call for a confidential, no obligation consultation. We are able to visit you in your own home at a time that is most convenient for you.
We cover the following areas; Northamptonshire, Warwickshire, Buckinghamshire, Oxfordshire, West Midlands, London and The Home Counties.