Lasting Power of Attorney Archives

Nov 8

Lasting Power of Attorney – What is it? Why do you need it?

Appointing a loved one or close friend as your ‘Attorney’ provides them with the legal authority to act on your behalf, whether dealing with your financial affairs or making decisions about your care and welfare.

When an unforeseen accident occurs or your health begins to fail – either physically or mentally – the Attorney is there to step in and pay the bills, collect the pension, ensure you get washed and fed as well as deal with a whole range of other situations.

Whilst it may not be pleasant to think about, none of us know what’s around the corner, and acting now can save a lot of distress and inconvenience if something does happen to you.

Today, so many of us live fast-moving, hard-working, lives, and, as such, we are seeing a lot more people develop health issues which leave many of those affected physically or mentally incapable of carrying out normal everyday tasks.

As long as you are of sound mind and are over 18, you can execute a Lasting Power of Attorney which has to be registered with the Office of the Public Guardian first before it can be validly used.

I would recommend that everyone over the age of 40 should have a Lasting Power of Attorney – just in case the unthinkable happens.

Which type? There are two types and you will need to consider which type of Lasting Power of Attorney you wish to make. A Health and Welfare LPA, as it states, deals with issues involving care and welfare. Tasks can range from taking you to the shops, arranging doctor visits, or arranging for you to move into a care home if you are no longer able to live at home. The second is a Property and Financial Affairs LPA which will authorise your Attorney to pay your bills, manage your bank accounts or possibly sell your home should you be unable to live there any longer and care for yourself.

Who do I Appoint? It is important to take time to decide who you wish to appoint as your Attorney. It could a close friend, family member or a professional, such as a solicitor. You can either choose just one person, or several, whom you think will have your best interests at heart.

Register your Lasting Power of Attorney with the Office of the Public Guardian – This is compulsory before an LPA can be used. Be warned that this whole process can take up to three months, so don’t leave it too late.

At Emyr Pierce Solicitors, our estates and administration team provide a comprehensive range of elderly client services from drawing up lasting powers of attorney, applications to the Office of the Public Guardian for the appointment of a deputy, advice on asset management to minimise inheritance tax and long term care fees and registration of enduring powers of attorney.

For an immediate quotation or discuss your concerns with a specialist, please telephone us on 029 20 616002 Monday to Friday 9am to 6pm and on Saturday 10am to 4pm or visit www.emyrpierce.co.uk or email us at law@emyrpierce.co.uk.

May 12

Should I become my neighbour’s Attorney?

I have been helping an elderly neighbour with his property/financial affairs over the last few years and he now wants to appoint me as his Attorney in a Lasting Power of Attorney. Should I let his relatives know what is being proposed?

It is a specific requirement when granting a Lasting Power of Attorney that the document is registered with the Office of the Public Guardian and it is a further specific requirement that the Donor nominates a “person to be told” who is notified of the Donor’s intention to register the Lasting Power of Attorney in your favour.

This person should ideally be the Donor’s next of kin or someone who knows the Donor well and would be likely to object to the registration of the LPA if they felt that the appointment of the Attorney was, for whatever reason, inappropriate. This enables the “person to be told” the opportunity to lodge an objection to the registration of the LPA within five weeks of such notification.

It is not, therefore, necessary for the next of kin to be notified as it will depend on whom the Donor chooses to notify by way of his selected “people to be told”. It is always advisable to keep relatives informed of such proposals, particularly if you are not a member of the family, in order to avoid any misplaced allegations regarding your motives.

Mar 31

Worry free way to sign property contracts

I am buying a new house, but will be abroad on an extended business trip when final contracts are due to signed. What should I do?

You are never sure when contracts are likely to be exchanged and a completion date agreed but, naturally, it is not a good idea to be abroad when you are due to complete.

However, in order to facilitate an exchange of contracts in your absence you can either visit your Solicitor before leaving for your business trip and sign all documentation well in advance – leaving strict instructions as to the basis on which the Solicitor is authorised to proceed in your absence – or you may grant a Lasting Power of Attorney dealing with your Property and Affairs, restricting the authority to the appointed Attorney to simply deal with the signing of all documentation relating to your purchase of your new property.

Unless there are major outstanding items on which your Solicitor will need your specific instructions, or indeed no papers have in fact been received before you go away, then it is normal for you to give your Solicitor strict instructions as to the basis on which you would be happy to proceed.

If you are only buying a property and are in no hurry to move in, then ensure your Solicitor has the relevant amount of money made available to him to allow him to complete on your behalf if you are still abroad.

Oct 19

Next of kin must be told of Attorney powers

It is a requirement when granting a Lasting Power of Attorney that the document is registered with the Office of the Public Guardian and it is a specific requirement that the Donor’s next of kin are notified. This enables the next of kin to lodge any objections should they object to what is being proposed.

It is, therefore, no longer possible for Lasting Powers of Attorney to exist without the immediate next of kin being notified of the Donor’s intention to register the same with the Office of the Public Guardian.

Jul 4

Will ill health put house sale on hold?

My father-in-law is selling his home and has agreed a price, but before anything could be signed he suffered a major stroke. He has no Power of Attorney. What should we do?

This will inevitably cause a delay in the sale. If your father does not have the necessary legal capacity to enter into a contract as a result of the stroke then you have no alternative other than to apply to the Office for the Public Guardian for the appointment of a Deputy to act on his behalf. This can take many weeks, inevitably causing a delay in the transaction. This cannot be helped. If your father simply becomes physically impaired as a result of the stroke, but is fully aware of what is happening and is clear as to his intention to sell the property, then he can appoint an Attorney to act on his behalf by drawing up a Lasting Power of Attorney. However, under the new LPA regulations this will only become effective once it is registered with the Office for the Public Guardian and again there can be a delay of some weeks before such registration is completed. Generally, the extent of the delay will depend of what provision, if any, your father had made prior to his suffering the stroke.

* Emyr Pierce is Managing Partner of Emyr Pierce Solicitors in Rhiwbina, Cardiff, Western Mail Conveyancer of the Year, specialising in Domestic and Commercial Property. Contact www.emyrpierce.co.uk or email law@emyrpierce.co.uk

Jun 6

When, with Enduring Power of Attroney, can I dispose of property?

My mother has been diagnosed with Alzheimer’s and is currently in a nursing home. I have an Enduring Power of Attorney to deal with her affairs, does this mean that I can now sell her property and dispose of her belongings?

Any power granted to you under the Enduring Power of Attorney (EPA) will technically cease once your mother is no longer mentally capable of managing her own affairs.

You are obliged to register your Enduring Power of Attorney with the Office of the Public Guardian (OPG) once you believe your mother no longer has the ability to mentally manage her own affairs.

Once the EPA has been registered with the OPG you can then sell her property – provided there is no prospect of your mother returning home. It would be wise to ensure any brothers or sisters or other close members of the family agree with the proposed sale and, in many cases, it may be necessary to sell the property in order to fund long-term care.

If no Enduring or Lasting Power of Attorney existed, then once your mother was diagnosed as being mentally incapable of managing her own affairs, you would be need to apply to the OPG to appoint a “Deputy” to deal with your mother’s assets.

• Pierce is Managing Partner of Emyr Pierce Solicitors in Rhiwbina, Cardiff, Western Mail Conveyancer of the Year, specialising in Domestic and Commercial Property. Contact www.emyrpierce.co.uk or email law@emyrpierce.co.uk