Convenient Wills, 16 Thomas Avenue, Newcastle-
Why Should You Make Two Lasting Powers of Attorney?
How Much Would It Cost for My Family to Become My Deputy?
Can I Place Restrictions on My Attorneys?
Can I Make My Own Lasting Power of Attorney?
Why should I use Convenient Wills to help make my LPA?
Each LPA comprises three parts – Part A, B, and c.
The donor completes part A in which he/she sets out who his/her attorneys and replacement attorneys are to be.
Restrictions and guidance notes can also be included. The document must also state who is to act as the Certificate Provider and who is to be the ‘Person to Be Notified’.
The Certificate Provider completes part B, certifying that in their opinion the donor was of sound mind when they made the document.
Then each attorney completes part C, agreeing that they will act as the attorney for the donor.
All signatures must be witnessed.
Once the document is complete it must be registered before an attorney can act under the LPA. To register the document it must be forwarded to the Office of the Public Guardian.
When applying for registration evidence of income must be forwarded to support any claim for a the exemption or remission, and a letter must be sent to the person to be notified.
Assuming everything is in order the Office of the Public Guardian will register the document and return it to the applicant in due course.
All LPAs are governed by the Mental Capacity Act 2005.
This act stipulates the principles that an attorney [or deputy] must follow. These are: –
The attorney of a Lasting Power of Attorney – Property and Affairs cannot spend the donor’s money with ‘gay abandon’. They must be mindful of the Mental Capacity Act 2005.
The Court of Protection do take legal action where they think an attorney is abusing their position. This has resulted in attorneys going to prison.