LASTING POWERS OF ATTORNEY For your Property and Financial Affairs. For your Health and Welfare
A Lasting Power of Attorney is a legal document that you (the Donor) make using a special form. It allows you to choose someone NOW (the Attorney) that you trust to make decisions on your behalf about things such as your property and financial affairs or health and welfare (or both if you wish) at a time in the future when you no longer wish to make those decisions or you may lack the mental capacity to make those decisions yourself.
Being your Attorney is an important role and one that the person chosen has to agree to take on.
We can advise you how you make a Lasting Power of Attorney, prepare all the forms for you, attend you as your Certificate Provider, liaise with your Attorneys in getting their signatures to the forms and submitting the completed document to the Office of the Public Guardian for registration.
You should be aware that all Lasting Powers of Attorney require to be signed by a Certificate Provider. This can be a professional person or a friend who has known you for some years. The Certificate Providers role is to attest to the fact that the person making the Lasting Power of Attorney understands fully what they are doing, has chosen their Attorneys themselves (is not being encouraged or pressurised by anyone) and fully understands the implications of the power they are granting to their Attorneys. If in the future a Lasting Power of Attorney is challenged on the grounds that the person making the LPA did not really appreciate what they were doing or were being coerced , the Certificate Provider would have to explain to the Court why they did not know this when it is their duty to do so. In attending you for the making of Lasting Powers of Attorney we automatically assume the role of Certificate Provider to ensure that you understand the nature of the documents you are signing, your choice of Attorneys etc.