Once you have decided which power of attorney is appropriate for your needs you should choose your attorneys. It is important to choose someone you trust. It could be a family member, friend or a professional, such as your solicitor. If you choose more than one attorney they can be appointed to work together jointly on all matters or have the authority to act individually (joint and severally). Our Solicitors that specialise in Lasting Powers of Attorney can advise you on this.Any Attorney you appoint is under a duty to act in your best interests.

You should consider whether you would like to impose any restrictions on what your attorney can do or to include any guidance for your attorneys. Examples of this may be restricting the assets your attorneys can deal with or specifying that your Lasting Power of Attorney can only be used once you have lost capacity, again we can advise you further on this.

You can specify people who should be notified before your attorneys can register the Lasting Power of Attorney and use it. This adds a layer of protection.

You will need a 'certificate provider' who will sign your Lasting Power of Attorney and state that they are satisfied that they believe you understand the document and that you are not under any under pressure to make a Lasting Power of Attorney. Where appropriate we can act as certificate provider. Alternatively, if your health is in question it may be wise to ask your doctor to give the certificate.

A Lasting Power of Attorney cannot be used until it has been registered at the Office of the Public Guardian (OPG). We usually recommend applying to register the document immediately, even if you do not intend your attorneys to use it straight away. Our Solicitors can deal with the registration for you. There is a fee charged by the OPG.We will store your Lasting Power of Attorney free of charge until such time as you may need it.You can revoke your Lasting Power of Attorney at any time whilst you still have capacity.

Whilst it is not legally necessary to instruct a solicitor to prepare your Lasting Powers of Attorney, it is important that you ensure that you understand fully the implications of the documents you are signing, and also to take advice in relation to any specific preferences or instructions you wish to include. Lasting Powers of Attorney must be registered by the Office of the Public Guardian in order to be used by your attorneys, and if they are not worded or dated correctly, they can be rejected.If you have business assets or more complex affairs, it is important that you take advice so that you can ensure that the right people are appointed to make decisions on your behalf.

It is important to think carefully about who you appoint as your attorney. Legally, you can appoint anyone over the age of 18 as your attorney, as long as they are of sound mind. You may choose to appoint a family member, friend, or professional such as a solicitor. It is important to choose someone you trust absolutely and who understands your wishes and values.As Lasting Powers of Attorney for Property & Financial Affairs and for Health and Welfare are separate documents, you can appoint different attorneys for each document if that is most appropriate.

When making decisions on behalf of an individual, an attorney has to follow the principles set out in the Mental Capacity Act 2005. In summary these are as follows:1. The attorney(s) must assume that the donor can make their own decisions, unless it is established that the donor cannot do so. 2. The attorney(s) must help the donor to make as many of their own decisions as they can. They must take all practical steps to help the donor to make a decision. They should only treat the donor as unable to make a decision if they have not succeeded in helping the donor make a decision through those steps. 3. The attorney(s) must not treat the donor as unable to make a decision simply because they make an unwise decision. 4. When the donor is unable to make a decision, the attorney(s) must act and make decisions in the donor's best interests. 5. Before the attorney(s) make a decision or acts for the donor, they must consider whether they can make the decision or act in a way that is less restrictive of the donor's rights and freedom but still achieves the purpose.

Yes, you can revoke a power of attorney at any time as long as you have the mental capacity to do so. You should think carefully before revoking a power of attorney, and we would recommend that you seek legal advice before doing so.

If there is a dispute over a power of attorney this would usually be dealt with by the Office of the Public Guardian and the Court of Protection. It is important to seek legal advice if there is a dispute over a power of attorney.

A power of attorney can be witnessed by anyone who is over the age of 18, is not a family member or spouse of the person granting the power of attorney, and is not named as an attorney in the document. The witness must also have mental capacity and be able to understand the nature and effect of the document they are witnessing.

A power of attorney must be presented to the bank before an attorney is able to operate an account on behalf of an individual.

Information about Lasting Powers of Attorney can be found on the website for the Office of the Public Guardian: Office of the Public Guardian - GOV.UK (www.gov.uk)Please do not hesitate to contact us if you would like further information in relation to Lasting Powers of Attorney.