Power of Attorney

How do I give Power of Attorney to someone

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How do I give Power of Attorney to someone?

A Lasting Power of Attorney is a powerful and binding legal document that allows you (the donor) to choose the people you want to make decisions on your behalf when you lack the mental capacity to make those decisions yourself.

An LPA cannot be used until it has been registered with the Office of the Public Guardian (OPG). Additionally Health and Welfare LPAs cannot be used until the donor lacks capacity to make those decisions themselves. If you are making a Property and Financial Affairs LPA, you may include a restriction meaning that the LPA similarly cannot be used until you have lost capacity.

Anyone over 18 can act as an attorney but an attorney for Property and Financial Affairs cannot be an undischarged bankrupt. If they become bankrupt after your LPA has been registered, they will not be able to continue to act on your behalf. If you choose your spouse or civil partner, they will be unable to act as your attorney if you divorce or legally end the relationship unless you include a condition in the LPA that they can continue to do so.

It is common for two or three attorneys to be appointed (one of whom is frequently your solicitor) and you can stipulate how you want them to make decisions on your behalf. Arranging a Lasting Power of Attorney helps to plan what happens to you and your finances according to your wishes. Our expert lawyers, some of whom are members of Solicitors for the Elderly, can help guide you through the process.

 

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