Powers of Attorney
What is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document which you can put in place to appoint people you trust, called your Attorneys, to deal with matters on your behalf when you may otherwise be unable to do so. The benefit of a Lasting Power of Attorney for Financial Affairs is that it can be used whilst you still have capacity and therefore you may receive assistance from your attorneys as soon as your Lasting Power of Attorney is registered.
What will my Lasting Power of Attorney cover?
There are two types of Lasting Power of Attorney.
The first is a Lasting Power of Attorney for Financial Decisions which allows an Attorney to assist you in dealing with your finances by paying your bills, doing your banking and buying and selling property. The benefit of a Lasting Power of Attorney for Financial Affairs is that it can be used whilst you still have capacity and therefore you may receive assistance from your attorneys as soon as your Lasting Power of Attorney is registered.
The second is a Lasting Power of Attorney for Health and Care Decisions which allows an Attorney to speak on your behalf in relation to all matters from what care or treatment you receive, where you may live to life sustaining treatment decisions. This Lasting Power of Attorney once registered can only be used by your Attorney if you lose mental capacity in the future.
Who shall I appoint as my Attorney?
An Attorney should be someone that you trust to make financial decisions and/or health and care decisions on your behalf. You may choose one or more Attorneys who must be over the age of 18 years. You are also able to choose replacement attorneys should your Attorney/s become unable to act on your behalf.
What is the process of putting in place a Lasting Power of Attorney?
We begin by discussing with you the options for putting in place your Lasting Powers of Attorney. Once we have taken your instructions we will draft the documents and go through the documents with you. Once you have signed the document alongside your certificate provider we will ask your Attorneys to also sign the document. Your Lasting Power of Attorney will then be ready to be sent to the Office of the Public Guardian for registration. The registration process is currently taking up to 12 weeks.
How much will it cost to put in place a Lasting Power of Attorney?
We will prepare your Lasting Power of Attorney for a fixed fee. In addition to this the Office of the Public Guardian charge a fee of £110.00 for registering each Lasting Power of Attorney. It may be possible to receive an exemption or remission of this fee if you receive qualifying benefits or earn less than £12,000 a year and we will discuss this with you at your appointment.
Where can you see me to take my instructions?
You may come into our office (either Norwich or Attleborough) for an appointment to discuss putting in place Lasting Powers of Attorney but it is also possible for one of our team to visit you at your home, hospital or care home. There may be a small additional charge for appointments made out of the office.
What if I already have an Enduring Power of Attorney in place?
Enduring Powers of Attorney could be made before 30 September 2007 and whilst these documents can no longer be made any existing Enduring Power of Attorney is still valid. If you already have an Enduring Power of Attorney in place you should review this document as it can no longer be amended.
Enduring Powers of Attorney covers your financial decisions but you may wish to consider putting in place a Lasting Power of Attorney to appoint someone to help manage your health and care decisions should you be unable to do so in the future.
Should you lose capacity in the future your Attorneys will need to register your Enduring Power of Attorney to assist you with your finances. Our team is able to meet with the Attorneys to assist them in making the application for the registration of an Enduring Power of Attorney.
What if I want to assist a loved one and they have lost capacity?
If a loved one has lost capacity, they will no longer be able to prepare a Lasting Power of Attorney. An application can be made to the Court of Protection for a Deputyship Order.
If you wish to discuss Powers of Attorney in more detail or you wish to book an appointment, please do not hesitate to contact us: