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An Ordinary Power of Attorney

Is a legal document which bestows authority on a person/s to act on behalf of another in relation to their property, financial and or personal welfare. The person giving the authority is known as the ‘donor’ while the person receiving the authority is the ‘attorney’. A donor may appoint may appoint more than one attorney to act jointly or severally on their behalf.

Lasting Power of Attorney

A Lasting Power of Attorney is a legal document. It allows you to appoint someone that you trust as an ‘attorney’ to make decisions on your behalf. Attorneys can make decisions for you when you no longer wish to or when you lack the mental capacity to do so

A Lasting Power of Attorney cannot be used until it is registered with the Office of the Public Guardian.

The benefits of a Lasting Power of Attorney

A Lasting Power of Attorney can help you plan how your health, wellbeing and financial affairs will be looked after. It allows you to plan in advance:

  • the decisions you want to be made on your behalf if you lose capacity to make them yourself
  • the people you want to make these decisions
  • how you want the people to make these decisions

Having a Lasting Power of Attorney is a safe way of maintaining control over decisions made for you because:

  • it has to be registered with the Office of the Public Guardian before it can be used
  • you choose someone to provide a ‘certificate’, which means they confirm that you understand the significance and purpose of what you’re agreeing to
  • you can choose who gets told about your Lasting Power of Attorney when it is registered (so they have an opportunity to raise concerns)
  • your signature and the signatures of your chosen attorneys must be witnessed
  • your attorney(s) must follow the Code of Practice of the Mental Capacity Act 2005 and act in your best interests
  • the Office of the Public Guardian provides helpful support and advice

Please call us on 020 8297 4000 or email us at advice@mandypeterssolicitors.co.uk for advice and assistance.