Powers of Attorney Solicitors in Urmston, Manchester
A Power of Attorney will help you plan for the unexpected.
You may be capable of making decisions for yourself now, but what happens if you lose the capacity in the future? Who would you rely on to help manage your property, finances and personal health issues? To protect yourself under these circumstances you need a Power of Attorney.
What is a Power of Attorney?
Gov.UK’s power of attorney meaning is; A Lasting Power of Attorney (LPA) is a legal document that lets you (the ‘donor’) appoint one or more people (known as ‘attorneys’) to help you make decisions or to make decisions on your behalf.
An LPA is an important legal document that will give you peace of mind knowing that they are accepted by third parties, such as banks, mortgage and pension providers and medical professionals, as evidence of your decision to grant authority to the person you trust (the attorney) to manage your affairs.
Choosing the right Power of Attorney
The Enduring Powers of Attorney, which you may have heard of, was replaced in 2007 by the following types of LPA.
General Power of Attorney.
Special Power of Attorney.
Lasting Power of Attorney for Property and financial affairs.
Lasting Power of Attorney for Health and Welfare.
A General Power of Attorney is governed by Section 10 of the Powers of Attorney Act 1971 and gives the Attorney(s) power over the Donor’s affairs in entirety and should therefore be used with great care. If the donor loses mental capacity this will automatically terminate the power so you need to consider a Power that covers incapacity
Special Power of Attorney is a lasting power of attorney form used when the Donor wishes the Attorney(s) to have limited powers, covering a single transaction or specified purpose.
LPA for Property and Financial Affairs can cover your property and financial affairs and be used with your consent immediately upon registration and can continue to be used by the attorney if and when your capacity to give consent declines.
LPA for Health and Welfare is used if you are incapable of giving consent.
Part of the LPA process requires a Certificate Provider to verify that you are aware of the scope of the power you are granting and you appreciate the extent of the authority you are granting under it. The Certificate Provider can be someone who has known you for two years or someone with professional status, like a solicitor or doctor.
We can act as your Certificate Provider.
Acting as your Certificate Provider we will lead you gently through the process of making an LPA and give you the legal advice and support that you need to make important informed decisions about how the documents can be best drawn up to suit your needs.