Completing the Forms
Much of the work involved in making a lasting power of attorney involves filling in personal details on the forms provided by the Office of the Public Guardian. However, there are still a number of important decisions that need to be made. It's important to discuss these, so that you can be sure that your Attorney/s will be able to manage your affairs and make decisions in the way that you had envisaged.
How your Attorneys Make Decisions
If you are choosing more than one attorney, then you must decide on how they make decisions. Can they act independently, or do they all need to agree on everything? There are a number of factors to consider and we can discuss the best solution for you.
Guidance for your Attorneys
If you want to offer any guidance by including preferences and instructions (previously restrictions) for your attorneys – preferences are not binding on your attorneys, whilst instructions are. Including unworkable instructions is one of the most common reasons for lasting power of attorney applications to be rejected. We can discuss what instructions you wish to include (if any) and I will draft these to ensure that they are accepted when the LPA is registered.
Property & Financial Affairs
With this LPA you can decide if you want your attorneys to be able to use it immediately (i.e. before you lose mental capacity). This can be helpful if you wish for them to be able to access accounts or speak on the phone on your behalf – if you have mobility problems or are away on holiday for example.
Health & Welfare
With this LPA you can give your attorneys the power to accept or refuse life-sustaining treatment on your behalf. We can discuss this further when we meet, but it’s important to remember that such decisions are made in conjunction with health professionals and any decision made must be in your best interests.
The forms then have to be signed and completed in a specific order. I will look after this part of the process and often act as a witness and certificate provider for you. If any of your attorneys are not local to you, then this part of the process can be carried out by registered post – the cost of which is included in my fees for making and registering a lasting power of attorney.