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Wills & Probate Forum & Article DirectoryListing Details
| Title: | Scottish Documents Home Page |
| URL: | http://www.scottishdocuments.com |
| Category: | Scotland |
| Description: | The National Archives of Scotland (NAS) uses the Scottish Documents website to carry out ... and preservation of over 520000 Scottish wills and testaments. ... |
| Link Owner: | |
| ID: | 53 |
| 53 | |
| Pagerank: | 6 |
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Latest article
Lasting Power of Attorney |
| Date Added: 2011-11-27 06:06:59 |
| Author: Bill Ryan |
| Category: England & Wales |
| Lasting Power of Attorney
A Lasting Power of Attorney is a special type of power of attorney that stays valid when the donor (the person who is gives the powers) loses mental capacity. It gives the opportunity for the donor to choose a trusted person or several trusted people to manage his or her the affairs should a time come when s/he can't. There are two different versions of the Lasting Power of Attorney. The LPA Health and Welfare which can deal with matters relating to health care and treatment, medication and routine issues such as diet and where you live. The LPA Property and Financial Affairs can deal with buying and selling property, managing bank and savings accounts, claiming and payment of state benefits and other financial matters. The donor can specify one or more attorneys who can de required to make decisions jointly or able to make decisions individually or a combination of both. There is also facility to appoint replacement attorneys in case the original attorneys are unable or unwilling to carry out the appointment when the time comes. An important step in the process is the requirement that a Certificate Provider certifies that the donor understands the powers being granted, who to and that the LPA is not being made under pressure from another person. This test is best satisfied by the Certificate Provider asking the donor some specific questions which are highlighted in the OPG guidance. The LPA must be made on the correct special form provided by the Office of the Public Guardian (OPG) and completed without errors otherwise the form will be rejected. If rejected the Lasting Power of Attorney will need to be re-submitted with a further registration fee payable. This may bring about a critical delay during which time as the donor may lose capacity in the meantime and then no LPA can be made and an application to the Court of Protection may be necessary. Whilst anybody can do their own LPA many people are daunted by the requirements of the LPA form and the nature of the powers that are sensible to grant or control and in what way. Coupled with the potential risk of rejection when a delay might prove fatal to resubmission many people seek help from a professional. There are many types and levels of professional help available but do check out exactly what you are getting and who is providing the help. There are many unqualified providers offering services that seem to do little more than filling in the Lasting Power of Attorney Form. Bill Ryan LLB (Hons) Barrister Corsham Barristers Chambers Copyright Notice: You can republish this article on condition that it is not edited and all credits and links remain on the republished article. |
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