Lasting Power of Attorney
Article added Monday 27th July 2009
Lasting Powers of Attorney came into being on 1st October 2007. These are documents whereby someone (the Donor) can appoint another person (the Attorney) to deal with their property and affairs (or personal welfare) if the Donor is unable to do so.
People often think about Lasting Powers of Attorney when they make their Will. Lasting Powers of Attorney should not, however, be treated as something people should only make when thinking about their Will. Lasting Powers of Attorney can save an awful lot of grief. Like people who do not make a Will, the lack of a Lasting Power of Attorney can leave an awful mess for relatives.
Whilst it is true to say Lasting Powers of Attorney should not be made just because people make their Will, it is however important that Wills are considered at the same time. As a solicitor I am often asked by people to “put my affairs in order”. I always advise Lasting Powers of Attorney which are, of course, effective during a lifetime and Wills which take effect on death. If people have already made their Will they should still give serious thought to Lasting Powers of Attorney.
Lasting Powers of Attorney are important documents as they continue to be effective even after the Donor has become mentally incapable. Normal Powers of Attorney cannot be used after a person has become mentally incapable.
Lasting Powers of Attorney must be registered with the Office of the Public Guardian before they can be used. Registration currently costs £150.00 per document.