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:
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.
My meeting with Michael Stennett following the death of my husband was sympathetic, supportive and informative on the many issues about which I was concerned. It was a very positive experience given the difficult time. Thank you.
We can thoroughly recommend Davinder Salhan at Stennet & Stennett and would like to thank her for making a complicated transaction so easy for us. She was extremely pleasant, as well as highly efficient throughout and we would have no hesitation in returning to her for any future business.
At a time when I was most vulnerable, It was nice to be able to let someone deal with a difficult situation, in the form of Probate. Also to advise me on my own will, and Power of Attorney.
Very helpful .The process was time comsumimg as explained to me by Mr Stennett.Was helpful throughout the whole process and so was Debbie. The only thing i would suggest is to call back or respins to emails in a much more timely fashion.
I would like to take this opportunity in thanking Team Stennett & Sennett for the service, I received during the sale & purchase of my property. Davinder is and asset to Stennett & Stennett, she is very professional and responsive. She explained everything in detail. I was always kept informed throughout the process of the sale and purchase. I would definitely recommend her to friends and family for future legal help and advice.
Michael Stennett made the whole process of organising the new wills for my parents extremely easy; his efficiency and helpfulness were exemplary. Michael explained all the legalize in layperson's terms and so enabled us to make sensible decisions for the future. We came away from this experience very satisfied.
Stennett & Stennett is a pleasant place to visit. Our solicitor was helpful, we were kept well informed on the progress of our house sale. We will be happy to use the service again in the future.
I recently visited Stennett & Stennett Solicitors in order to complete my will. The documentation that I received when made my appointment was clear and enabled me to prepare for my meeting. The meeting was relaxed, informative and less than one hour. Michael made sensible and necessary amendments and I returned within two weeks to sign the official paper work. I am confident that my affairs are now in order, and it was great ti finally get it off my to-do list!
By advising us and carrying out our instructions in a professional and friendly manner.
Stennett & stennett solicitors were excellent specially the solicitor who was on charge of iury case
We are very grateful to have found such a sterling team -professional, reassuring, efficient and friendly.
Made a lot of effort to explain the legal niceties of the outcomes that would take place for the various scenarios that we had to consider in our will. A masterclass in making the complicated simple and straightforward. Good local service and friendly staff, highly recommended.
Davinder Salhan gave us a very professional service. She kept us updated and answered questions quickly. It was obvious that she knew what she was talking about. The most important aspect was that she showed understanding for how stressful it is to sell a property including extending the lease, showed compassion and gave us confidence in the process.
straight forward no nonsense professional service.excellent .AAAA
Informative, helpful, friendly and efficient.
It's a privilege to write a review for Stennett & Stennett Solicitors. The firm handle a very sensitive matter dealing with a death of a beloved family member. Solicitor Mr. M. Stennett is very thorough and competent professional who always had the family's best interests in mind. What I especially appreciated was how information was presented in a concise & easy to understand manner .This allowed family to make decisions in a timely manner. Solicitor Mr. M. Stennett handled difficult feedback conversations constructively; he has ability to remain calm in difficult situations. The family owes a debt of gratitude to Mr.M.Stennett & staff for service rendered. Stennett & Stennett Solicitors practices nothing but the best customer service methods.
Michael Stennett has been our family solicitor for several years and initially helped my parents with end of life planning. Earlier this month we contacted him regarding a breach of contract with a utility company. Whilst not his day-to-day area of law, Michael was more than happy to go the extra mile for us by writing to them regarding a frustrating issue of said contract - it was resolved within a matter of days. Stennett & Stennett have consistently proven their excellent customer service and professional attitude and competence in many areas of family law. We cannot recommend them enough with regards sensitivity and technical know-how if you are seeking the range of legal services that they offer.
An Excellent advisory service was provided to me and it was extremely professional
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