Frequently Asked Questions
Everyone needs a Lasting Power of Attorney. It allows you to appoint trusted people to make decisions on your behalf and manage your affairs for you if you are not able to do so because of illness, accident or travelling.
No. the purpose of a Lasting Power of Attorney is to allow your attorneys to make decisions for you in the future if you are unable to do so. Your attorneys can only make decisions on your behalf when you are not able to do so. You will still retain complete control over all of your assets until that time.
You can only make a Lasting Power of Attorney when you have the mental capacity to do so. If you don’t make one then you run the risk of it bring too late to be able to make one because your mental capacity has declined.
If you lose capacity or you have an accident or illness that prevents you being able to deal with your own affairs then no-one will be legally able to make decisions for you. This includes your family not being able to access your bank accounts to pay bills or care costs.
If this happens then the only way your family or friends would be able to manage your affairs for you is to make an application to the Court of Protection which can run into thousands of pounds and be very time consuming. This can be very stressful for your family and it best avoided by making a Lasting Power of Attorney.
A Lasting Power of Attorney cannot be used until it has been registered with the Office of the Public Guardian. Once you have downloaded and signed your Lasting Power of Attorney then you need to send it along with payment of £82 (for each Lasting Power of Attorney) to the Office of the Public Guardian. They will then formally register it and send the document back to you for safe-keeping. The timescale is usually around 6-8 weeks.
Yes. Provided that you have mental capacity you are able to revoke your Lasting Power of Attorney with the Office of the Public Guardian.
Your attorneys need to be over 18 and have mental capacity. They must not be bankrupt or be subject to a debt relief order. They do not need to have any formal qualifications and they do not need to be professionals.
There is no obligation on you to pay your attorney unless they are a professional such as a solicitor or accountant who will charge for their time in acting for you. If you decide that you would like to pay your attorney then this should be agreed between you and any agreed payment should be specified and recorded.
Yes. If your Lasting Power of Attorney has been registered then your attorney can send a formal notice to both you and the Office of the Public Guardian.
If you have more than one attorney and they are appointed jointly and severally then the remaining attorney(s) will still be able to act.
If you have more than one attorney and they are appointed jointly then the remaining attorney(s) will no longer be able to act.
If you still have mental capacity then you can make a new Lasting Power of Attorney but if you no longer have mental capacity it will be up to the Office of the Public Guardian to select a new attorney on your behalf.
Once your Lasting Power of Attorney has been signed and registered then you will not usually be able to make any amendments.