Lasting Powers of Attorney in Gloucester

Considering a future where you are no longer able to make important decisions for yourself can be very daunting, but it is important to have appropriate plans in place. A Lasting Power of Attorney allows you to appoint someone you trust to manage your affairs if you ever lose the ability to do so yourself.

You may lose the capacity to make decisions for yourself if you fall ill or suffer an injury. Whatever the circumstances, it could be difficult for someone to help you with your finances or personal care if the right documents are not put in place.

A Lasting Power of Attorney will allow you to formally appoint someone you trust to provide you with support when required. At WSP Solicitors, we can support you in making and registering a Lasting Power of Attorney, ensuring you have a tailored document that takes stock of your needs.

In addition, Our Power of Attorney Solicitors can support you if you have been appointed as an attorney, providing professional support to help you make the right decisions for the person you are representing.

Speak to our Lasting Power of Attorney Solicitors in Gloucester

For expert advice on creating a Lasting Power of Attorney, please contact our expert LPA solicitors in Gloucester. If you have a quick question or would like to request a call back, you can also use our simple online enquiry form.

Our Lasting Powers of Attorney expertise

Creating and registering Lasting Powers of Attorney

There are many important considerations when it comes to making a Lasting Powers of Attorney, which is where the support and advice of our solicitors can prove invaluable. Our Lasting Power of Attorney solicitors in Gloucester can take you through the process of creating the document, helping you to understand what the consequences of granting certain powers will be.

Once we have taken you through the process of making a Lasting Power of Attorney, we can then consider registering it with the Office of the Public Guardian. This must be done before it can be used.

With our support, you can be sure that no mistakes are made which could delay the process, or mean that the Lasting Power of Attorney cannot be used when required.

Advice for attorneys

It can be daunting if you have been asked to act as an attorney under the terms of a Lasting Power of Attorney, especially if you have never acted in this capacity before. Our team can provide you with professional support if you are acting as an attorney, advising on matters such as:

  • Assessing mental capacity
  • Assessing whether your loved one can be helped to make a decision
  • Advice about contacting organisations and institutions such as banks
  • Advice about making specific decisions as and when you need to make them
  • Administrative support to manage your loved one’s finances and/or care and personal welfare

Deputyship

If a loved one is no longer able to make decisions for themselves and does not have a Lasting Power of Attorney in place, it can still be possible to manage their affairs by acting as a Deputy. To be a Deputy, an application must be submitted to the Court of Protection.

If you wish to apply to be a Deputy, our team can support you with the application and help you clarify what actions you can take.

Lasting Power of Attorney FAQs

What is a Lasting Power of Attorney?

A Lasting Power of Attorney is a legal document that you can make to appoint one or more people to act as your attorneys. These people can make important decisions on your behalf should you ever lose the capacity to do so yourself (such as if you fall ill or suffer an injury).

There are two different types of Lasting Power of Attorneys which allow someone to take control of different aspects of your life.

  • Property and financial affairs Lasting Power of Attorney – this allows your attorneys to make decisions on various matters, such as controlling your finances and buying or selling any property. This type of LPA can also be used if you still have mental capacity but need additional support.
  • Health and personal welfare Lasting Power of Attorney – this allows for decisions to be made regarding your care, living accommodation, or consent/refusal to receive certain medical treatments.

You can make either or both types of LPA to suit your needs.

What is the role of a Lasting Power of Attorney?

The Lasting Power of Attorney provides you with the opportunity to have your wishes respected, even where you are unable to make decisions yourself. It also means that important decisions can be taken by people you trust, rather than an independent third party who may not understand exactly what you would like to happen.

Can you do a Lasting Power of Attorney without a solicitor?

You do not need a solicitor to make and register a Lasting Power of Attorney. However, given that they are very important documents that cover sensitive issues, it is important to work with a professional in order to minimise the potential for any mistakes or delays.

How long does it take to arrange a Lasting Power of Attorney?

The time it takes to make and register a Lasting Power of Attorney will vary depending on the arrangements that need to be made. However, if an application is made without any issues, it takes up to 20 weeks for the LPA to be registered with the Office of the Public Guardian.

What is an Enduring Power of Attorney?

Enduring Power of Attorneys work in much the same way as Lasting Power of Attorneys. They were replaced by Lasting Power of Attorneys in October 2007.

If an Enduring Power of Attorney was in place prior to October 2007, they can still be used.

Who can certify a Lasting Power of Attorney?

You will be able to confirm that a copy of your Lasting Power of Attorney is legitimate by ‘certifying’ it. This copy can then be used if the original cannot be found.

As the person creating the Lasting Power of Attorney, you must mark every page of the copy with the text:

“I certify this is a true and complete copy of the corresponding page of the original lasting power of attorney.”

On the final page of the copy, you must also write:

“I certify this is a true and complete copy of the lasting power of attorney.”

Every page of the copy also needs to be signed and dated.

Copies of your LPA can also be certified by your solicitor, or a person who is authorised to carry out notarial activities.

Who can witness a Lasting Power of Attorney?

Before sending a Lasting Power of Attorney to be registered, they must be witnessed. Witnesses can be anyone over the age of 18.

Attorneys can witness each other sign the document, but they cannot witness the person making the document sign, nor can they sign as the certificate provider.

You cannot be a witness if you’re the person appointing an attorney.

Speak to our Lasting Power of Attorney Solicitors in Gloucester

For expert advice on creating a Lasting Power of Attorney, please contact our expert LPA solicitors in Gloucester. If you have a quick question or would like to request a call back, you can also use our simple online enquiry form.


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