Sometimes people become incapable of managing their property and financial affairs or personal welfare and need someone to do this for them. A friend, relative or professional can be appointed to hold a Lasting Power of Attorney to enable them to act on that person’s behalf.
A Lasting Power of Attorney is a legal document whereby a person (the Donor) can appoint someone they trust (The Attorney) to make decisions on their behalf. It can be drawn up at any time while the Donor understands the nature and implications of the document but has no legal standing until it is registered with the Office of The Public Guardian.
There are two types of Lasting Power of Attorney:-
Property and Affairs Lasting Power of Attorney
A Property and Affairs Lasting Power of Attorney enables the Donor to choose someone to make decisions about how to spend their money and the way their property and affairs are managed.
Personal Welfare Lasting Power of Attorney
A Personal Welfare Lasting Power of Attorney enables the Donor to choose someone to make decisions about their healthcare and welfare. This includes decisions to refuse or consent to medical treatment and deciding where they live. These decisions can only be taken when the Lasting Power of Attorney is registered and the Donor lacks the capacity to make the decisions himself or herself.
Before the Lasting Power of Attorney can be used it must be registered with the Office of the Public Guardian. The Lasting Power of Attorney can be registered as soon as it has been signed or its registration can be postponed until it is needed in the future.
Either the Donor or his or her Attorneys can apply to the Public Guardian to register the Lasting Power of Attorney. The application can be made at any time after the documents have been completed. Before the application to register the Lasting Power of Attorney is made, certain people chosen by the Donor may need to be notified of the proposed registration.
The Donors relatives will not be notified of the application to register the Lasting Power of Attorney unless they are named by the Donor as being persons who should be given notice. Anyone who has been notified can object to the Lasting Power being registered. Once the Lasting Power of Attorney is registered it continues indefinitely.
We can assist you with the preparation of a Lasting Power of Attorney and registration.