Lasting Powers of Attorney
A Lasting Power of Attorney is a legal document that allows you to appoint one or more persons to manage your affairs and/or make decisions about your personal welfare. These appointed persons are known as your attorneys. You can specify that the document will only come into effect if you should ever begin to lose capacity.
By making a Lasting Power of Attorney, you can provide in advance for the possibility that you may one day become incapable of handling your financial affairs and property or making decisions about your own personal welfare. In these circumstances, it is important that your best interests are protected and your affairs are managed with efficiency and integrity. You may therefore wish to appoint in advance persons whom you trust to act on your behalf if this should ever become necessary.
It is necessary to make a Lasting Power of Attorney before there is a need for it to be used because you must have sufficient capacity to understand the implications of the document when it is created. The Lasting Power of Attorney should be registered at court to bring it into force and ensure that your best interests are safeguarded.
A Lasting Power of Attorney can be very flexible:
- You can appoint one or more attorneys of your choice provided that they are over 18, as well as a successor or substitute attorney.
- You can specify whether your attorneys must act together or are able to act separately.
- You can authorise your attorneys to take whatever actions you wish. For example, you may wish them to have the authority to look after your financial matters and property. Following a change in the law, you can now also empower your attorneys to make decisions about your welfare, such as giving or refusing consent to medical treatment if you are unable to do so yourself.
- Restrictions can be included to limit the scope of your attorneys’ powers if you feel that this is appropriate.
- You can revoke the Lasting Power of Attorney at any time while you are mentally capable.
If you would like more information about making a Lasting Power of Attorney, please contact our Wills and Probate Department on 020 7681 8678 or e-mail Jan Atkinson at the following address: janatkinson@osbornes.net
Our charge for preparing a Lasting Power of Attorney is £270 plus VAT and the fixed fee payable to the Court of Protection for registering the document is £150. We will explain the nature and effect of a Lasting Power of Attorney to you, and draft a document that reflects your personal wishes. Once you have approved the document, we will arrange for it to be registered at court.
