This is a document whereby a person (the donor) appoints another individual or individuals (the Attorney) to act on their behalf in relation to their property and affairs. In other words it is a formal process by which one person can empower another to deal with their financial affairs – such as writing cheques on behalf of the donor even selling the donor’s house if the document allows.
A Lasting Power of Attorney is often useful where an individual is not physically able to get out and about so as to deal with their affairs it is also of use where the donor has lost mental capacity to deal with their affairs.
Should you require further information on either of the above types of Lasting Power of Attorney then please contact us and request our Standard Guidance Note or alternatively you can visit the Office of the Public Guardian website whose job it is to oversee and monitor registered Lasting Power of Attorney.
Whilst the Lasting Power of Attorney – Property and Financial Affairs relates solely to financial matters, a Lasting Power of Attorney – Health and Welfare relates to welfare decisions to be made on behalf of an individual who has lost mental capacity. Such decisions can range from what clothes the donor is to wear, where they are to live and what medication they are to receive to whether they are to be kept alive by artificial means.
Should you wish to instruct us in relation to the obtaining of the Grant of Probate, or Letters of Administration, then please contact:
It is no longer possible for a donor to enter into or appoint an Attorney under an Enduring Power of Attorney. Enduring Powers of Attorney executed before 1 October 2007, however, whether registered or unregistered remain valid. Should you require any assistance in terms of registering an Enduring Power of Attorney then please contact our William Morgan.
Where an individual has lost mental capacity to deal with their own affairs and has not entered into either an Enduring Power of Attorney or Lasting Power of Attorney property and financial Affairs it may be necessary for an individual known as a “Deputy” to make application to the Court of Protection so that they (the Deputy) can be empowered to deal with the incapacitated person’s assets. Again should you have any queries or require assistance in this area then please contact our William Morgan.
Alternatively advice can be obtained form the Office of the Public Guardian website.