Keith Evans & Company
14 Clytha Park Rd | Newport
Gwent | NP20 4PB
2. Property and financial affairs lasting power of attorney.
right to make personal welfare and medical treatment decisions on your behalf if at some
time in the future you are unable to make those decisions yourself. A health and welfare
lasting power of attorney can only be used when it has been registered and the donor
has lost capacity (the ability to handle their own affairs).
attorney the right to make financial decisions, such as managing your bank account.
Once registered, a property and financial affairs lasting power of attorney can be used
while the donor still has capacity, unless the lasting power of attorney specifies otherwise.
set up and registered, and that it is in the best interests of the donor.
and they haven't made a lasting power of attorney, and the decision isn't one that can
be made on an informal basis, the matter can be referred to the Court of Protection.
The court may either choose to make the decision itself on the person's behalf, or
choose someone else, known as a `deputy', to make the decision for them.
on an ongoing basis, the deputy usually has to keep accounts, enter into a security
bond, and report to the Office ofthe Public Guardian. The Court of Protection charges
an application fee, and the Office of the Public Guardian charges a yearly fee tocover
the cost of supervising the deputy's work.
benefits, the Department for Work and Pensions can choose an `appointee' to receive
those benefits on that person's behalf. The appointee can be a relative, friend or
someone from the caring professions (such as the local authority social services
department). They will be asked to produce some proof that the claimant is
incapacitated, such as a doctor's certificate. There is no fee involved in this service.
For example:
- equity-release schemes, where you can unlock some of the capital tied up in your
home;
- funding arrangements for long-term care;
- estate planning by making a will or lifetime gifts; or
- where you suspect that an older person may be the victim of
meeting to see how we can help. We're here, we're local and we want to help.
Tel: 01633 257721 or email office@keith-evans.co.uk
however, our ability to do this decreases as we grow older. Whether this is caused by
illness, disability, or an accident, there are a number of practical steps you can take to
prepare for this.
getting legal advice. A solicitor can help by encouraging you to get your affairs in order
and make your wishes for the future known. This may involve anything from writing a will
to choosing someone to take power of attorney (legal authority to act for you) over your
financial affairs, if this is necessary. This can lighten the burden on relatives or carers who
might otherwise find it difficult to make complicated decisions on your behalf.
already `incapacitated' (unable to handle their own financial affairs), it is usually the
relatives of the person who need advice. In these circumstances there are a number of
options available. One of these options is to contact the Court of Protection, which can
make arrangements for managing the person's financial affairs. A solicitor will tell you the
best course of action in your case.
when it is difficult for you to manage them yourself, perhaps because of a physical
disability. Usually you appoint someone you trust, such as a close relative, friend, or
solicitor as your `attorney'. Nobody can simply `take' a power of attorney. You have to
`donate' it willingly. The donor decides who to appoint as attorney, and can cancel the
arrangement at any time. Power of attorney only applies if you are fully aware of the
implications of the arrangement. The power of attorney will come
because it carries on, or `lasts', even after you have become unable to manage your
affairs whether temporarily or permanently, or because of an illness, disability or
accident. Lasting powers of attorney have now replaced enduring powers of attorney,
although valid enduring powers of attorney made before 1 October 2007 can still be
used. No new enduring powers of attorney can be made after 1 October 2007.
For a lasting power of attorney to be valid, you must fully understand the implications of
the arrangement at the time of making it. A certificate provider will need to sign a
certificate to say that you are aware of the implications and that nobody is pressurising
you into making a lasting power of attorney. (A certificate provider is someone who has
known you for at least two years, or someone with specialist skills in assessing if a person
is incapacitated.) The attorney must be at least 18 years old and must not be bankrupt if
appointed to make decisions about a person's property and money. More than one
attorney can be appointed at the same time.
attorney has been registered by the Office of the Public Guardian, who will make sure
your attorney is aware of his or her duty to act in your best interests. The Office of the
Public Guardian will charge a fee for registering the lasting power ofattorney.