Yes, you can. At the time of setting up your Lasting Power of Attorney, you can specify which areas you would like your attorney to take control of. If you appoint more than one attorney you could specify different areas you would like each to take care of. Our specialist solicitors can give you advice on how to do this and help you to set up and register your LPA with the Office of the Public Guardian. Contact us for more information.
Property and Affairs LPAs can be revoked at any time. If you want to do this, you should consult a solicitor who will draft a 'deed of revocation'. You will also need to inform your attorney(s) of your decision in writing.
Yes, you can. It is possible to do this in a number of ways:
Our experienced team can give expert advice to help you decide how many attorneys to appoint and how to divide responsibilities between them. Contact us for more information.
In the case of a personal welfare Lasting Power of Attorney, your attorney(s) must be over 18 and have capacity to use the power.
In the case of a property and affairs Lasting Power of Attorney, your attorney(s) must be over 18, have the capacity to use the power, and must not be an undischarged bankrupt or an interim bankrupt. In the event that an attorney is made bankrupt, he or she would no longer be allowed to act as your attorney.
Unless you have agreed at the time the Lasting Power of Attorney is set up, an attorney is not entitled to charge for his or her services. Any agreement to pay your attorney for their services should be noted on the LPA when it is submitted to the Office of the Public Guardian.
Attorneys are entitled to reimbursement for reasonable expenses incurred whilst acting on your behalf, however. Our team can give you additional advice and information about this.
A personal welfare Lasting Power of Attorney will only come into force in the event that you no longer have the mental capacity to make decisions for yourself concerning your personal care and welfare.
A property and affairs Lasting Power of Attorney can come into force as soon as it is registered with the Office of the Public Guardian if you wish. However, you can restrict a property and affairs Lasting Power of Attorney to be used only in the event that you no longer have the mental capacity to make decisions concerning your property and affairs. Our team can advise you further on this. Contact us for more information.
If your attorney no longer wishes to act on your behalf, he/she must inform both you and the court before giving up his/her responsibilities (called 'disclaiming' their appointment). He/she must also complete a notice which is sent to the Office of the Public Guardian.
If there you have appointed more than one attorney and you have specified that your attorneys can act independently, your LPA will continue. However, if you have specified that your attorneys must act together, or if the attorney who has disclaimed their appointment is your only attorney and there is no replacement attorney to take their place, your LPA will be automatically revoked.
Ensuring that everything is taken care of should your attorney disclaim their appointment is something that our team can advise you on. Contact us for more information and advice specific to your situation.
It may be advisable to make both a personal welfare and a property and affairs LPA. In the event that you become mentally incapacitated, some situations may require your attorney(s) to make decisions which affect both your property and your personal care.
For example, your care needs may mean that you need to live in a care home or other full-time care facility, a matter covered by a personal welfare LPA, however it may be necessary to sell your home in order to finance your residence in the care facility, a matter covered by a property and affairs LPA.
Having both types of LPA in place can help to ensure that all your needs are properly looked after in the event that you no longer have the mental capacity to make these kinds of decision for yourself. However, prior to setting up any kind of LPA, It is always best to take professional legal advice which will take account of your specific needs and circumstances. Contact our team for more information.
If you have an Enduring Power of Attorney, it can still be used. Your attorney should register it with the Office of the Public Guardian if you are becoming, or likely to become, mentally incapable. However, it is no longer possible to make changes to an Enduring Power of Attorney or make a new one.
If you have an EPA that makes provision for decisions about your property and affairs, you may wish to consider setting up a Lasting Power of Attorney to run alongside it, in order to make provision for decisions concerning your personal welfare. Our team can help you to do this. Contact us to find out more.