A Lasting Power of Attorney is a versatile and useful document. It exists to enable you to appoint a person or a number of people (your attorneys) to act on your behalf, if you should lose your mental capacity – that is the mental capacity to manage your own affairs.
There are two types of Lasting Power of Attorney:
You might want to use the same person or the same people as attorney for both types or you might want to involve different people.
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You can also nominate an independent third party to be informed that you are making a Lasting Power of Attorney, if you wish there to be some measure of accountability for your chose attorney(s).
You also need to select a so-called “Certificate Provider”. They will sign the Lasting Power of Attorney to confirm that you understand what you are doing and are entering into the Lasting Power of Attorney of your own free will and with a good comprehension of the implications and consequences of doing so. That Certificate Provider can be a legal advisor, medical practitioner or other close friend, and, if we are instructed to prepare and register a Lasting Power of Attorney for you, we would complete this section for you within our standard fees.
Some people feel like there is an implicit admission of some loss of capacity in making or even discussing a Lasting Power of Attorney.
This is not the case. It simply means that you are planning for the future and putting someone you trust in a position to manage your affairs should you, one day, be unable to manage them yourself. In fact, you cannot make a Lasting Power of Attorney if you lack capacity.
You can include guidance and limitations within your Lasting Power of Attorney; for example, restricting its use until a medical professional has certified that you are no longer able to manage your affairs. This can give you reassurance that personal decisions will not be prematurely taken out of your hands.
Our advice is that your Lasting Powers of Attorney are registered once prepared. Registering means the Office of the Public Guardian will check the document for any issues so that amends can be made before all is finalised. Registering also means that if you lose your capacity in the future, the document is ready so that your attorney can carry out their ‘Powers’ without delay.
You can revoke a Lasting Power of Attorney provided you still have capacity. This can happen if attorneys have themselves passed away or if you want to revise the document due to changes in your circumstances.
If you do not have a Lasting Power of Attorney in place and you lose your capacity, your financial affairs can still be managed for you by someone making a Deputyship application on your behalf. However, this can be an expensive and time-consuming process and does not guarantee that your affairs will be managed in the way you might have intended.
Although a Lasting Power of Attorney will give you the opportunity to place someone in charge of your daily life decisions, should you reach a stage of no capacity, a Will can ensure the protection and proper distribution of important assets you wish to gift, donate or pass on when you die.
If you would like to learn more about creating your Will and why it is important to have one, no matter your age, income or the value of your estate, please read more about our Will writing services or contact our expert Will Writing Solicitors for a free initial 15 minute telephone appointment.
In these very unpredictable times, it seems more important than ever to have a valid Will in place.
Other than a few specific scenarios, a valid Will requires the Will-maker to sign the Will in front of two adult non-family witnesses.
Given the need for social distancing, self-isolation and the possibility that the Coronavirus may be able to survive on paper for up to 12 hours (meaning it could be transferred person to person just by handling a Will) - you can imagine that witnessing a Will is quite a challenge at the moment.
Our expert Estate Planning and Wealth Management lawyers saw this problem as an opportunity to flex their creative problem-solving muscles. The result: "Window Witnessing your Will".
As our way of saying 'Thank You' to our fantastic NHS heroes, we are delighted to launch a new scheme offering 1/3 off Lasting Power of Attorney in recognition of the vital contribution they have made to our communities during the COVID-19 pandemic.
We offer a free initial 15 minute telephone appointment to give you the opportunity to speak to us about a Lasting Power of Attorney, before deciding if you wish to proceed in instructing us to act on your behalf.
Please contact K J Smith Solicitors on 01491 630000 (Henley on Thames), 0118 418 1000 (Reading Head Office), 0118 418 1200 (Reading Central), 01256 584000 (Basingstoke), 01483 370100 (Guildford), 01494 629000 (Beaconsfield), 01344 513000 (Ascot), 01635 785 100 (Newbury) or email email@example.com.
We also serve a wide range of other areas including Abingdon, Bracknell, Gerrards Cross, Maidenhead, Marlow, Oxford, Slough, Wokingham, and High Wycombe.
All our offices are easily accessible by road, rail or bus and we are open Monday to Friday from 8:30am to 6:00pm. With today's busy schedules, we offer telephone appointments outside normal office hours until 9pm on Thursdays and between 10am and 3pm on Saturdays.
Not sure which office is closest to you? Try our Office Finder.
If you would like to visit our team of family solicitors, we have offices in Henley-on-Thames, Woodley, Reading (Head Office), Reading (Central), Basingstoke, Guildford, Beaconsfield, Ascot & Newbury. We serve a wide range of other areas including Abingdon, Bracknell, Gerrards Cross, Maidenhead, Marlow, Oxford, Slough, High Wycombe and Wokingham.