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Lasting Powers of Attorney
Lasting Powers of Attorney (and previously made Enduring Powers of Attorney) are very useful legal documents which ensure that decisions about financial affairs and welfare can continue to be made if you were no longer able to manage your own affairs in the future.
Lasting Powers of Attorney were introduced by new legislation effective from 1st October 2007. These documents replace Enduring Powers of Attorney which can no longer be made. However, any Enduring Powers of Attorney made before that date are still effective whether registered at the Office of the Public Guardian or not.
To make a Lasting Power of Attorney you need to be over the age of 18 and able to fully understand the document which you are making and also recognise the powers that you will be giving to the person or people you appoint to be your Attorney.
There are two types of Lasting Power of Attorney, one which relates to your Property and Financial Affairs and one which covers your Personal Welfare.
When making a Lasting Power of Attorney the Donor (which is the person making the document) can choose to inform an independent third party of the fact that they are making this document and also inform them of the person who will be their Attorney. This is a safeguard brought in to give some added protection to the Donor to ensure that they are not being pressurised to make the document.
When choosing an Attorney, it is always best to seek that person’s agreement to the appointment first as their duties can be quite onerous. An Attorney must make all decisions in the best interests of the Donor. Within the document the Donor can stipulate any restrictions or conditions on decisions to be made by an Attorney. These restrictions and conditions are binding and must be followed. The Donor can also provide guidance for the Attorney whilst acting on their behalf although such guidance is not binding.
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Partner and Head of Private Client Department
“Helen has been so lovely throughout the whole process of dealing with my Uncle’s probate and affairs. It was a relief to hand things over to her. She is patient, efficient and thorough. Highly recommend.“
If you would like to find out more information on Lasting Powers of Attorney
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