There are two types:
If you lack mental capacity it will be necessary for an application to the Court of Protection for an appropriate order, such as the appointment of a deputy to make decisions on your behalf. This may cause delay and expense. An enduring power of attorney made before the 1st October 2007 will remain valid providing it was prepared correctly.
There are separate forms for a property and affairs Lasting Power of Attorney and for a personal welfare LPA. The forms are not difficult in themselves to complete, but they will require a lot of thought and explanation. They are completed by the “donor”. The donor is the person who gives authority to the “attorney” to handle their affairs. Part A contains details about the donor and the attorney and Part B contains a “Certificate Provider’s Statement”. Section C is completed by the attorney in which they set out their personal details, confirm that they have read the prescribed information and understand their duties under the Lasting Power of Attorney.
You can have more than one attorney. They must be trustworthy, competent and reliable and possess skills and ability to carry out the necessary tasks. Attorneys can act together and independently.
Anyone asked to be an attorney should consider whether they have the skills and the ability to act and whether they wish to do so, bearing in mind the duties and responsibilities imposed on them.
This is to safeguard the donor because the certificate provider confirms that:
• The donor understands the purpose of the Lasting Power of Attorney and the scope of the authority given under it;
• That no fraud or undue pressure has been used to induce the donor to make the Lasting Power of Attorney;
• There is nothing else preventing the Lasting Power of Attorney being created
The law limits certificate providers to be:
An LPA cannot be used unless and until it is registered with the Office of the Public Guardian (OPG). A copy of the LPA must accompany the application to the OPG. On receipt the OPG sends notice of the application to the persons listed by the donor in part A of their LPA. The recipient has up to 5 weeks to object to registration and gives the grounds for objection. Typical objections are that the donor lacked the capacity to make the LPA or the attorney is bankrupt.
Would you like to set up a lasting power of attorney? Here are some options:
Absolutely great service, professional and efficient. I would highly recommend Ian Fraser and Alison Allen. 5 star
Extremely professional, attentive to my needs and quick resolution to all issues that arose throughout my purchase.
They carried out the conveyancing thoroughly and efficiently and appreciated the fact that they always made time to see me and address my concerns. I would be very happy to work with them again and already highly recommend them.
I have been a client of Stennett and Stennett for a while now and have always found them professional, efficient, understanding and caring. Michael Stennett in particular has advised and helped me in dealing with the administration of the Power of Attorney for both my parents and has always gone out of his way to provide a friendly and attentive service. I would not hesitate in recommending them to friends and family and will always use them in any future legal transactions when I need legal advice.
Without hesitation I can say Stennett & Stennett kept me well informed by periodic updates about the progress of the estate, and what options were available and advised accordingly but always asking what i wanted to do .His services were definitely efficient and courteous
I was seen on time and the service was very good.
All the members of Stennett & Stennett have been very friendly & efficient since we first started using the company quite a few years ago. They have recently dealt with, what could have been, a tricky situation very successfully & we are very happy with the outcome. We will continue to use their services.
As always Stenett's have given us professional, supportive and helpful service. Thank you very much. The professionalism of all Stennett's staff far outweighed that of the other solicitors in our conveyancing chain.
We received very professional and fast service from Stennett & Stennett right from the first phone call. I called in and asked for a particular service for which I was put through to the right person straightaway. Debbie was very knowledgeable and offered us to come in for a free of charge consultation with a solicitor, which we did. During that meeting with Mr Stennett he arranged for the right documents and forms to be sent to us and made another appointment to come in and sign the prepared contracts. That's it! Many thanks.
A big thank you to Stennent & Stennent Solicitors, for helping my 94 years old Auntie to move into her new retirement home. They were very kind and considerate towards my Auntie and explained everything very clearly to her. With their calm attitude and approach it avoided any stressful feelings for her. I strongly recommend you use their services. Thanks again Stennent.
Always contactable by either phone or email.
S&S offices have a calm atmosphere and on the telephone. I had clear legal advice which was completely accurate and down to earth. This helps when to go to a solicitor, sometimes in a state of unknowing and worry. I had quite severe concerns, things did go wrong and I found the atmosphere of calmness and in going forward toward solving matters reassuring.
WE used Stennett and Stennett to enact a power of attorney and when my father subsequently died they dealt with the financial affairs of his estate and the sale of the house. This was done sensitively and efficiently, keeping the family informed at all times of how things were progressing.
Michael Stennett has handled our family's business over the last few years with great professionalism and charm. I am aware that our case has been extremely challenging and complex and am delighted that we have achieved a satisfactory outcome in the end. Thank you for your patience and perseverence - I would gladely recommend Stennett and Stennett's services to anyone!
They took the time to explain all of the procedures and answer my questions, no matter how trivial they were. They were professional throughout and made sure that our options were always clear and provided guidance without being forceful. They are very efficient and represent excellent value for money. Alison Allen is one of the most professional and helpful people I have ever had the pleasure of dealing with and made the whole process so easy.
Stennett & Stennett
4 Winchmore Hill Road
DX: 34305 Southgate
Stennett and Stennett is the trading name of Stennett and Stennett Ltd registered in England and Wales under CRN 7666275 and whose registered address is:
4 Winchmore Hill Road, Southgate, London, N14 6PT. Authorised and regulated by the Solicitors Regulation Authority no. 564879