Lasting Powers of Attorney Services
What’s involved in making Lasting Powers of Attorney?
Our Lasting Powers of Attorney services start from just £285 plus registration fees. Home visits are usually without extra charge* so making a Lasting Powers of Attorney couldn’t be easier.
Why Make Lasting Powers of Attorney?
It is a commonly held but mistaken belief that our next of kin automatically have authority to make decisions for us if we become mentally incapable.
Each year many families suffer difficulties when they discover they do not have the right to make decisions for a loved one.
The families and employees of business owners who suddenly lose their mental capacity can suffer even greater difficulties.
When Should You Make Lasting Powers of Attorney?
Mental incapacity can strike at any time through accident or ill-health. The likelihood of mental incapacity occurring increases with age.
If you delay making a lasting power of attorney until you become ill it could be too late.
It is a legal requirement that a person making a lasting power of attorney must be capable of understanding the document.
You can make a lasting power of attorney from the age of 18 years.
How our Lasting Powers of Attorney Services Can Help
Our experienced specialists will help you to:
- make sure the most appropriate powers are given to the people you appoint as attorneys;
- avoid any restrictions or guidance being included in the documents that don’t comply with statutory rules;
- ensure you appoint suitable attorneys
- give you legal advice if someone is putting pressure or undue influence on you to make an LPA
- advise you on giving guidance to your attorneys
- act as a certificate provider.
Making a lasting power of attorney involves serious choices with long-term implications. It’s not just a form; it’s a legal document.
We can provide support and expertise you need through our Lasting Power of Attorney services.
Acting as a Certificate Provider
Lasting Powers of Attorney must contain a certificate signed by a ‘certificate provider‘. The certificate provider’s role is to certify that the person making the document complied with the legal requirements for making a lasting power of attorney. A certificate provider can be someone who has known you personally for at least 2 years or a professional who has the necessary expertise to assess your mental capacity; that includes solicitors as well as health professionals.
A certificate provider could be called upon by the Office of the Public Guardian or during proceedings in the Court of Protection to give evidence about the state of mind of the Donor of a Lasting Power of Attorney. It is important therefore that the certificate provider is someone who would be able to do that without feeling worried or anxious.
GPs and other health professionals sometimes refuse to act as certificate providers. Many older people lose contact with friends who have known them for the minimum required time period. Choosing a solicitor with expertise in older client issues makes sense.
Choosing us to be your certificate provider
If you choose us, we can undertake an independent assessment of mental capacity before the Lasting Power of Attorney is finalised. We will retain a record of the assessment and if a query should be raised in the future about the circumstances when you made the lasting power of attorney we can provide information from our personal knowledge and file documents about the assessment. This could even involve appearing before the Court of Protection.
Enduring Powers of Attorney
It is no longer possible to make an enduring power of attorney. They were phased out when the Mental Capacity Act came into force in October 2007. Any enduring powers of attorney made before that date should be valid if they were completed correctly.
Enduring Powers of Attorney (EPA) must be registered when the Donor is no longer capable of making his/her own decisions about property and financial matters.
We can check your EPA to make sure it is a valid legal document. We can also register it with the Office of the Public Guardian, if your attorneys need to make decisions for you.
Advice and support for LPA and EPA attorneys
EPA and LPA attorneys must comply with the Mental Capacity Act 2005. They should also have regard to the Mental Capacity Act Code of Practice. Attorneys must be aware of their legal responsibilities and avoid over-stepping their authority or failing in their duties. Attorneys are personally liable for their actions and may be held responsible if things go wrong by the courts.
We can help attorneys stay on track and avoid unnecessary difficulties. If an attorney does land in trouble we can give assistance to sort the problem out.
Attorneys, – join our BE My Own Lawyer members’-only service to get more help and avoid pitfalls.
Get our Guide to Lasting Powers of Attorney – the Basics when you join BE My Own Lawyer – just one of the many free benefits members of our online community can enjoy.
Our forum, newsletters, how-to guides, top tips, document templates and much more on-line support can help attorneys manage their duties better and keep within the legal rules. Attorney who fail to abide by the Mental Capacity Act 2005, its regulations and Code of Practice could risk being investigated and even removed.
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For a personal consultation with a specialist solicitor contact us ASK FOR DETAILS
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*Applies to home visits within Nottinghamshire and Derbyshire.