Commonly Asked Questions about Lasting Power of Attorney

- Blog, Personal Injury,

A Lasting Power of Attorney legal document allows you to nominate a trusted relative or friend to look after your affairs if you lost capacity.

Thinking what would happen if our faculties deserted us is an uncomfortable thought, but this could be a much worse situation if you had a stroke, serious accident or developed dementia without nominating someone to make decisions on your behalf.

If this is a scenario you have never considered before, don’t worry as Salmons Solicitors have put together this guide to all the questions you may have about Lasting Power of Attorney.

How Do I Apply for Lasting Power of Attorney?

You need to choose your attorney and fill in the relevant form on the Gov.uk website to appoint them as your attorney.
Registering your Lasting Power of Attorney with the Office of the Public Guardian takes up to 10 weeks. The cost of registering an LPA is £82 (unless you receive any reduction or exemption) plus you can cancel your Lasting Power of Attorney at any time if it is no longer required or you would like to make a new one.

How Do I Activate Lasting Power of Attorney?

To active your Lasting Power of Attorney, you will need to apply to have it registered by the Court of Protection. You will be presented with two options, you can either register the LPA as soon as it is in place and signed by you and your Attorney, or it can be registered at a later date.

There are two types of LPA, property affairs and health welfare, with each covering different decisions, with separate applications for both types. You will be given the choice of making both applications or just one plus you have the choice of having the same attorney for both or choose different attorneys for each.

Do I Need a Solicitor for Power of Attorney?

You do not need a solicitor to create a general Power of Attorney (POA), as it can be created when signed either by you or at your direction and in the presence of a witness.
We would recommend seeking legal advice from our solicitors before signing a form appointing someone else to manage your affairs.

What is The Difference Between Power of Attorney and Lasting Power of Attorney?

Powers of Attorney are limited to only dealing with financial affairs and will cease to be effective in the event that the Donor of loses capacity.

Lasting Power of Attorney means an individual can look after someone else’s affairs (if they have been previously nominated), in the event this relative or friend has lost capacity.

Talk to Salmons Solicitors About Lasting Power of Attorney

If you are considering making a relative or close friend your Lasting Power of Attorney, please contact Salmons Solicitors today for the best legal advice in North Staffordshire from our team of specialists.