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Property and Affairs Lasting Power of Attorney
A Property and Affairs Lasting Power of Attorney
allows individuals to appoint a legally authorised person or persons
to make decisions with regard to their property and financial affairs
should they become incapable of doing so themsleves at some point
in the future. A Donor can appoint a Property and Affairs Attorney
to manage their finances and property while they still have capacity
as well as when they lack capacity if they choose, e.g. where the
Donor wants to give someone the power to carry out tasks such as
paying bills or collecting benefits if they have difficulty getting
around. It must be made while the Donor is of sound mind and can
relate to any and all decisions about the Donor's property and affairs
or can be limited to specific powers.
A Property and Affairs Lasting Power of Attorney cannot be used until it has been registered with the Office of the Public Guardian. It can be registered at any time after it has been made, but the benefit of registering it shortly after it has been made is that it will be ready to be used by the Attorney(s) when it is needed.
You can choose as many Attorneys as you wish. A Property and Affairs Attorney does not have the power to make decisions with regard to the Donor's personal welfare unless the Attorney is also appointed as a Personal Welfare Attorney.
The Property and Affairs Lasting Power of
Attorney document incorporates a certificate which must be signed
by an independent person chosen by the Donor who must confirm that,
in his/her opinion, the Donor is making the Lasting Power of Attorney
of their own free will and that the Donor understands its purpose
and the powers they are giving to the Attorney(s).
A Lasting Power of Attorney may be revoked using a Deed of Revocation at any time, either before or after registration, while the Donor still has mental capacity. It is necessary to inform the Attorney(s) of the revocation as the Attorneys' authority does not cease until they receive notice of the revocation. A copy of the Deed of Revocation should be sent to each Attorney. If the Power of Attorney has been registered then a copy should also be sent to the Office of the Public Guardian, stating that the Attorney(s) have been notified.
The document package includes guidance on
completion and how to register the document with the Office of the
Public Guardian, the forms required for registration and a Deed
of Revocation which can be used any time at any time while the Donor
still has mental capacity. Please note that the registration forms
could be out of date by the time you come to register the Power
of Attorney so you should check with the Office of the Public Guardian
that the forms you have are still valid.
This Property and Affairs Lasting Power of Attorney package includes
the following documents which are suitable for use in England and
Wales:
- Deed of Revocation
- General guidance notes on LPAs
- Guidance notes on how to complete and register the LPA
- Property and Affairs Lasting Power of Attorney form
- Registration forms (LPA001 and LPA002).
The Deed of Revocation is provided in Word
Document (.doc) format. The other documents are provided in Adobe
Acrobat (.pdf) format and you need to have Adobe Acrobat Reader
(version 5.0 or above) installed on your computer to view and print
them. If you don't already have Acrobat Reader installed then you
can download and install it using the link at the bottom of this
page (it's free). The Adobe Acrobat forms should be printed and
completed by hand.
The price for this package is £11.28.
How to order
Order your Property and Affairs LPA package:
Property
and Affairs LPA package
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