Lasting Power of Attorney Services
Thinking of making a Lasting Power of Attorney?
Our Lasting Power of attorney services start from just £275 and home or hospital visits are usually without extra charge* so making a Lasting Power of Attorney couldn’t be easier.
Why Make a Lasting Power of Attorney?
It is a commonly held but mistaken belief that our next of kin automatically have authority to make decisions on our behalf and manage our finances 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 a Lasting Power 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 Power of Attorney Services Can Help
Our experienced specialists will help you to:
- make sure the most appropriate powers are given to the people who are appointed as attorneys;
- avoid any restrictions or guidance being included in the documents that contravene statutory rules;
- ensure suitable attorneys are appointed
- check no pressure or undue influence is being exerted
- advise you on suitable guidance for your attorneys, to protect your interests and theirs
- act as certificate provider.
Making a lasting power of attorney involves serious choices with long term implications. It’s not just a form.
We can provide support and expertise you need through our Lasting Power of Attorney services.
Acting as a Certificate Provider
A lasting power of attorney must contain a certificate signed by a ‘certificate provider’ who verifies 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.
GPs and other health professionals sometimes refuse to act as certificate providers and many older people lose contact with friends who have known them for the minimum required time period, so choosing a solicitor with expertise in older client issues makes sense.
We can act as certificate provider and undertake an assessment of 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 whether you had the mental capacity to make the lasting power of attorney we can provide information about the assessment.
Enduring Powers of Attorney
It is no longer possible to make an enduring power of attorney but there are many enduring powers of attorney still in existence and increasingly, these require registration through the Office of the Public Guardian.
Attorneys appointed by enduring powers of attorney must comply with the Mental Capacity Act 2005 and have regard to the accompanying MCA Code of Practice. Attorneys must be aware of their legal responsibilities and avoid breaching their duties or acting beyond their authority.
We can advise on the registration process and supply and submit the necessary documents.
Attorneys – become a member of BE My Own Lawyer.
Get our Guide to Lasting Powers of Attorney – the Basics when you join BE My Own Lawyer – just one of the many benefits members of our online community can enjoy.
Our workshops, newsletters, guides, document templates and other on-line support can help attorneys undertake their duties better and keep within the statutory rules. If an attorney fails to abide by the Mental Capacity Act 2005 the attorney could risk being removed.
BE My Own Lawyer – Helping you care.
*Applies to home and hospital visits within Nottinghamshire, Derbyshire and North Leicestershire.