Lasting Power of Attorney
Lasting Powers of Attorney at Stonehewer Moss
What is an attorney?
- For the purposes of this note it is a person appointed to take steps for you, like an agent. As such, an attorney is not designated as a trustee but is simply given legal authority to take steps for you would be otherwise responsible, on your behalf.
What is a power of attorney?
- A document granting authority to conduct transactions as mentioned above on your behalf. It can be specific to particular steps or general, for instance while you are out of the country.
What is a Lasting Power of Attorney?
- These were introduced by the government in 2007 because of concern that Enduring Powers of Attorney were being used to take advantage of vulnerable people, as they only had to be registered if the maker lost mental capacity. A lasting power of attorney can be in one or both of two respect, the first being about your health and wellbeing, giving the attorney power to make important decisions about your care and giving specific instructions if you wish and the second being about the financial decisions taken for the maker by the attorney. The power is invalid until registered with the Office of the Public Guardian in respect of health and you have lost capacity to make decisions for yourself and in respect of finances it is invalid until registered. Theoretically this protects the vulnerable elderly person who has capacity to decide for him or herself. A financial attorney can place conditions on the attorney, such as the requirement to act on financial advice upon certain transactions.
Who can be an attorney?
- Any person over 18 you feel will be responsible enough for the role.
What safeguards are there other than registration?
- A responsible person you have known for at least two years needs to read the document and check with you that you understand it before you sign. They must certify that you understood it and were mentally capable at the time. A solicitor or your gp can certify but there may be an additional charge. In addition, you should nominate up to 5 people you know to be sent 4 weeks notice of the registration application to the Office of Public Guardian. These persons can raise objection to the proposed registration.
Can I cancel the power of attorney?
Yes, you van serve notice terminating the power at any time until you lose mental capacity.
What does a Lasting Power of Attorney cost?
The registration fee at the Office of Public Guardian is currently £110. Stonehewer Moss charge a fixed price of £500 inclusive of VAT and your GP may charge to certify the power of attorney. Please note this estimate is based upon your instruction without complex assets or conditions to be considered and your instruction to register without delay.
For further information and to make a Lasting Power of Attorney
Tel 01606 872200