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Lasting powers of attorneys

Author: Brian Brotherton Published: 21st January 2015 07:45

Why should I consider a Lasting Power of Attorney?

Lasting Powers of Attorney are a sensible way of planning in advance for future incapacity. There may come a time when, through an accident, illness or infirmity, you are unable to deal with your affairs. By making a Lasting Power of Attorney you are able to choose your Attorneys and give guidance on how you wish them to look after your affairs. This enables you to maintain some control at a time when you may otherwise feel that you are losing control. The Lasting Power of Attorney need not be used immediately and can be put to one side, until it is needed. 

What if I do not have a Lasting Power of Attorney and I cannot look after my affairs?

If a person does not have a Lasting Power of Attorney or an Enduring Power of Attorney and loses their mental ability to look after their affairs it may be necessary for a member of their family to apply to the Court of Protection to be appointed to act as their Deputy. Once appointed the Deputy can act in the same way as an Attorney. However the costs involved tend to be significantly higher and there can also be considerable delays. 

 Before your Attorney or Attorneys will be able to use your Lasting Power of Attorney it will need to be signed by you and your Attorneys, witnessed and then registered with the Office of the Public Guardian. There is a Court fee of £130 payable to register a Lasting Power of Attorney. However if your annual income is less than £12,000 or you are in receipt of a means tested benefit you may be exempt from paying this fee.

If you would like to know more about Lasting Powers of Attorney please contact Brian Brotherton on 07738 609564, or if you would like to receive our free information sheet email me on brian.brotherton@willwriting.co.uk



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