Elizabeth Young
Powers of Attorney

Powers of Attorney

Granting a Power of Attorney

As part of Roythornes' commitment to ensuring our clients are covered for all eventualities, we have developed a range of services empowering individuals to plan for the management of their financial affairs as well as decisions over your personal welfare in the event that they are prevented from doing so as a result of injury or illness.

Powers of Attorney

Every Roythornes' client is encouraged to consider the advantages of a Power of Attorney. This may range from the pure simplicity of a general Power of Attorney in which authority can be transferred to deal with an immediate need, to the more complex and considered Enduring Power of Attorney (EPA) or Lasting Powers of Attorney (LPA).

Enduring Powers of Attorney (EPA)

Provided executed before 1 October 2007, EPAs continue to be valid and useful. Where the donor of an Enduring Power of Attorney has become or is becoming incapable of managing their affairs, there is an obligation on the attorney to register the power with the Office of the Public Guardian (OPG), should you need any support our team can be contacted to help you in completing this application.

Should you have an EPA it is important to remember that this document only allows your attorney to make financial decisions on your behalf, should you wish your attorneys to make welfare decisions you should consider completing a LPA (see below).

Lasting Power of Attorney (LPA)

These useful documents in their initial form were introduced from 1 October 2007. They differ from their predecessor EPA in a number of ways, including;

  • There are two different LPAs giving your attorneys the ability to make specific decisions on your behalf:
    • LPA for property and financial affairs
    • LPA for health and welfare
  • To be valid and effective, LPAs must be registered with the OPG, a process which involves checking the validity of the forms which can take several months to complete
  • An additional layer of security is provided in that a Certificate Provider must validate the completion of the LPA in addition to the document being signed and witnessed as you might expect of any legal document.

We have, helped thousands of clients to put in place Lasting Powers of Attorney and in most cases can offer a fixed quotation covering the cost of preparation and registration.

Once registered, should you change your mind, please contact our helpful team who can assist you in completing a deed of revocation.

Mental Capacity

The completion of a LPA requires our client to have capacity to understand the document, if you are making enquiries on behalf of a family member who currently lacks capacity to understand the legal document then our Court of Protection specialists can assist you and your family further.

If you would like to read more about applications made to the Court of Protection, please see our page by clicking here.

 

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