Frequently Asked Questions About Power of Attorney:
How do I register a Lasting Power of Attorney?
All LPAs have to be registered with the Office of Public Guardian so that they can actually be used by the appointed attorney. The signed forms can be posted to the OPG with the registration fee and it will take around 6-8 weeks for these to be returned.
Who should make a Lasting Power of Attorney?
The short answer to this is, anyone over the age of 18 but that person must have mental capacity to undertake this task. Think of the LPA as an insurance policy, one that you hope will never have to be used but can save your loved ones thousands of pounds and help them through what could be one of the hardest times in their lives.
Why should I make a Lasting Power of Attorney?
By making a Lasting Power of Attorney (LPA) you make the choice who has the responsibility of looking after your affairs if you were to become incapable of doing so yourself.
Putting your LPA in place also lets you give guidance on how you want your affairs managed if you were to become incapable of managing them yourself, physically or mentally, or a combination of the two.
Are there different types of Lasting Power of Attorney?
There are two different types of Lasting Powers of Attorney (LPA):
Health and Welfare Lasting Power of Attorney. Allows your choice of Attorney to make decisions for you relating to your health and personal welfare
Property and Financial Affairs Lasting Power of Attorney. Enables your choice of Attorney to manage your property and financial affairs at a time when you are no longer physically able to or lack the mental capacity to do so. This could include paying your bills or selling your property.
When does a Lasting Power of Attorney take effect?
A Lasting Power of Attorney (LPA) will only take effect once it has been registered with the Office of the Public Guardian (OPG). The important thing to remember is that an LPA cannot be used at all until it is registered.
What happens if you don’t have an LPA in place but you lose mental capacity?
Your loved ones will have to apply for a deputyship which could take up to 9 months and costs around about £6,000. Deputies will be appointed by the Court of Protection, so they may not be your choice.
Who can I choose as my attorney?
Anyone who is over 18 can be an attorney. In the case of an attorney appointed to a Property and Financial Affairs LPA only, he or she must not be a bankrupt. When choosing your attorney or attorneys it is important to choose someone you trust implicitly to look after your affairs.
If you do not have anyone suitable then you can appoint a company who can look after your affairs if you lose capacity.