Lasting power of attorney

Size: px
Start display at page:

Download "Lasting power of attorney"

Transcription

1 Lasting power of attorney A step-by-step guide JULY 2014 Most people know how important it is to have a will but, according to research from Saga, only a tiny proportion of us have thought to make a lasting power of attorney (LPA). This is a legal document that allows someone to deal with another person s financial affairs on their behalf, as well as to make decisions about their health and welfare if they no longer have the capacity to do so themselves. The research showed that only one in 10 people have an LPA and that a third of us do not know what one is. [1] In fact, the LPA is just as important as a will in safeguarding you, your family and loved ones against financial and emotional strife further down the road. Part of the problem seems to be a prevailing misconception that LPAs are only for the elderly or infirm. This is not the case and it is recommended that almost anyone over the age of 18 has an LPA just in case the unthinkable, such as a sudden accident, should happen. No matter how fit and healthy you are, should an accident leave you with a head injury, for example, without an LPA your spouse may not be able to access your savings. This guide is designed to make you an LPA expert and offers advice on the key things you need to know. As is often the case with legal affairs, many of the terms used are quite complex, so we have included an easy-to-use Jargon buster in the appendix. If you think an LPA may be appropriate for you, contact us on or visit for more information. [1] Saga Legal Services survey, July P1

2 Part one: Introduction to LPA Q. What is an LPA? A. An LPA is a document allowing another person (an attorney ) to take care of your financial and property affairs or your health and welfare affairs, or both, should you lose mental or physical capacity through accident or illness, or in your absence. Q. What are the risks of not having an LPA? A. Should you lose mental or physical capacity, without an LPA in place your family or loved ones will find it exceedingly difficult to do even simple tasks on your behalf. Once someone has lost capacity, it is too late for them to make an LPA and the only recourse would be to apply to the Court of Protection to become your deputy. As the application process can take four to six months to complete, this is not only a stressful situation for all involved, but a time-consuming one as well. It is worth bearing in mind that the cost of applying to the Court of Protection can be expensive, with ongoing annual fees. Plus deputies are required to submit annual reports to the court. Couples often think that having a joint bank account means they don t have to protect their spouse with an LPA. However, in the absence of an LPA you may be unable to deal with a loved one s financial affairs if they become incapacitated. Should one holder of a joint account become mentally incapable, many banks reserve the right to cancel the authority for either to sign to withdraw funds and will freeze the account until presented with a valid LPA or deputyship. Q. When might I need an LPA? A. If you have lost mental or physical capacity, another person may need to take over some of your financial, property, health and welfare requirements. This could include anything from paying bills or transferring money, to deciding where you live (e.g. if you need to move into care). If you don t have an LPA, your loved ones will find it hard to: pay bills; make payments from your bank account; make decisions about your housing situation and where you should live; make decisions about life-sustaining treatment; make decisions about palliative care; sell your property to pay for your care home fees. P2

3 Part two: How an LPA works A step-by-step guide to the process of making an LPA 1. Choose your attorneys (see part four for more details). 2. Decide whether or not to use a professional to assist (see part five for more details). 3. If you are using a professional they should guide you through the process. If you are not using a professional, you need to complete the LPA form. You can complete this online at gov.uk, download a copy, or request a copy to be posted to you. 4. Notify all those involved by sending a Notice of Intention to Register to all parties. 5. Register your LPA at the Office of the Public Guardian. If you completed your LPA form online, you can register in this way too. Otherwise you will need to fill in an application to register and send it to the Office of the Public Guardian. This can be done by the person who needs the attorney (the donor ) or the attorney, and can be done right away or when needed. The two types of LPA There are two different types of LPA: health and welfare, and property and financial affairs. Depending on your circumstances, you can choose to make one type or both, although it is often advisable to set up both to cover any eventuality. 1. Property and financial affairs LPA A property and financial affairs LPA provides the authority to deal with bills, bank accounts, investments and the buying and selling of property. This type of LPA can be used while someone is still capable but has chosen to delegate to their attorney. 2. Personal welfare LPA A personal welfare LPA covers decisions about health and care, such as medical care or life-sustaining treatment. This type of LPA can only be used if someone is incapable of dealing with such matters themselves. P3

4 Part three: Who should have an LPA? Saga s research found that more than four in 10 Britons felt they were too young or healthy to need an LPA; one of the biggest prevailing myths about LPAs. [2] Without an LPA, if you were to have an accident, such as a car crash, or perhaps sustain a serious sporting injury, your loved ones would find it extremely difficult to gain control of your affairs. This means that an LPA is as relevant for an 18 year old as it is for an 80 year old. It s therefore a good idea to set one up as soon as possible to be on the safe side as, whatever your age or situation, if you have lost mental capacity it s too late to make an LPA. There are some groups of people particularly at risk, for whom making an LPA as a precautionary measure would be particularly advisable. These include people who: have a job where there is a higher chance of suffering serious accident or injury; participate in dangerous sports and activities, such as skiing or rock climbing, which could make them susceptible to an accident or head injury; are leaving the country for a long period of time for business/travel; misuse alcohol or drugs; are suffering from side effects of medical treatment; serve in the armed forces. [2] Saga Legal Services survey, July P4

5 Part four: Appointing attorneys One of the most important parts of the process is choosing who to appoint as your attorney(s). You can choose someone you know, or opt for a professional such as a solicitor, although they are likely to charge for this service. Attorneys must be; aged over 18; capable of making decisions; someone you trust implicitly such as a close friend or family member; someone not subject to a debt relief order or who is currently bankrupt (if you re making a property and financial affairs LPA). Appointing attorneys jointly or severally When choosing multiple attorneys you have two choices, known as joint and several. Joint attorneys must all agree to any decision made. Several attorneys means any one attorney can make a decision. There are pros and cons to both of these: Because joint attorneys must always act together, this has the advantage of preventing one individual making poor decisions. On the other hand, because all must be available to sign documents, the process can become drawn out and there is the potential risk that nothing is achieved due to disagreements or one attorney being away. Also, if one attorney dies, steps down or becomes bankrupt, the LPA is terminated if there is no replacement appointed. With several attorneys, only one signature is needed, meaning the decision-making process is often much faster. Also, if one of your attorneys is no longer able to act, the remaining attorneys can continue acting alone. On the other hand, this could lead to one attorney abusing their power, which is why it s very important to choose your attorneys carefully. Some couples chose to make mirror LPAs in which they appoint the same attorney(s), so reducing the cost of protecting their family s future. Each person has their own separate LPA, but as these reflect each other, this is often cheaper than obtaining LPAs individually as it reduces the amount of legal work necessary. P5

6 Part five: Making sure you get it right It costs 110 to register an LPA with the Office of the Public Guardian, but it may be possible to get a discount if you are on a low income or a certain type of benefit. Although the forms for an LPA are relatively straightforward to complete, you do still need to be careful, as any incorrectly completed forms have to be resubmitted and paid for again. This is why many people opt for a professional to assist particularly if their affairs are complicated. The cost of using a professional varies, and it s important to shop around to ensure you find the right deal. It s recommended you find a provider, such as Saga, that will agree a fixed fee upfront, to avoid escalating costs. Many high street solicitors charge by the hour, so you are only aware of the cost once the process is completed. Saga Legal Services As part of their service, Saga registers the LPA with the Office of the Public Guardian (OPG) for you and, whilst most other providers charge an additional fee for this, we do not. The only additional cost our customers pay is the fee levied by the OPG itself. If you are interested in making a lasting power of attorney or finding out more, please call Saga Legal Services on Saga Legal Services provides a range of affordable and accessible legal products and services for over 50s at competitive fixed prices. Products include: wills, lasting power of attorney, Probate and Conveyancing. For more information, visit or call P6

7 Appendix: Jargon buster Although you don t necessarily need professional advice to make an LPA, you must ensure that the document is completed correctly to avoid having it rejected and having to pay the fee again. This is why it s important to understand the different roles, to better navigate this process. Attorney(s) A person(s) the donor appoints to make decisions on their behalf about their health and welfare, their property and financial affairs, or both. An attorney must agree to take on the role. Certificate provider A person the donor chooses to complete a certificate in the LPA form. The certificate provider must confirm that the donor understands the LPA and that the donor is not under any pressure to make it. The certificate provider can be someone with specialist professional qualifications that equip them to decide that the donor has capacity (i.e. a doctor) or someone who has known the donor for at least two years. Certified copy The donor can certify a copy of their registered lasting power of attorney if they still have mental capacity. If they no longer have mental capacity, they can have a copy certified by a solicitor, a notary or a member of the Stock Exchange. Court of Protection The Court of Protection makes decisions and appoints deputies to act on behalf of people who are unable to make decisions about their personal health, finance or welfare. Deputy A person appointed by the Court of Protection to manage the personal welfare or the property and affairs of someone who lacks the mental capacity to do so themselves. The deputy can only act under a court order from the Court of Protection. This order sets out the deputy s powers and entitles the deputy to act on behalf of the person lacking capacity. A deputy will not be required if the person lacking capacity has previously made a lasting power of attorney (LPA). Donor Someone over 18 who makes an LPA and appoints one or more attorney(s) to make decisions about their health and welfare or property and financial affairs, or both. Enduring power of attorney (EPA) This was replaced by lasting power of attorney in 2007, but those made before that time remain valid. P7

8 Joint attorney Joint attorneys must act jointly, signing all documents together on the donor s behalf. Mirror LPAs Often made by couples, these are two separate LPAs whose provisions reflect each other. Named person(s) Someone chosen by the donor to be notified when an application is made to register their LPA, who has the right to object to the registration should they have concerns. This is one of the key safeguards to protect you if you make an LPA. The named person must be someone different from the person chosen to act as the attorney/replacement attorney. Notice of intention to register Before you register for an LPA you must send a notice of intention to register to all the people to be told listed in the LPA. Office of the Public Guardian An agency with responsibilities that extend across England and Wales (separate arrangements exist for Scotland and Northern Ireland). It supports the Public Guardian in the registration of enduring powers of attorney (EPA) and lasting powers of attorney (LPA), and the supervision of deputies appointed by the Court of Protection. Revoking an LPA Providing they have the requisite mental capacity, a donor can revoke an LPA, either orally to the attorney or by a deed of revocation. There are advantages to the latter as this provides a clearer indication of the revocation should an attorney claim they were not informed. Several attorneys Several attorneys can act independently if they wish, and only one of their signatures is needed on documents. Witness Someone who signs the LPA form to confirm that they witnessed: the donor signing and dating the LPA form; or the attorney(s) signing and dating the LPA form. NSN-LG0143 P8

Lasting Powers of Attorney for Health and Welfare England and Wales

Lasting Powers of Attorney for Health and Welfare England and Wales Lasting Powers of Attorney for Health and Welfare England and Wales This factsheet explains what a Lasting Power of Attorney for Health and Welfare is, how one can be used, and how to make one. This is

More information

Lasting Power of Attorney (LPA) Create your LPA. Health and welfare Property and financial affairs. Office of the Public Guardian

Lasting Power of Attorney (LPA) Create your LPA. Health and welfare Property and financial affairs. Office of the Public Guardian Office of the Public Guardian 1 Lasting Power of Attorney (LPA) Create your LPA Health and welfare Property and financial affairs This page is not an official part of the form Form LPA 1 Before you start

More information

www.step.org Why make a Lasting Power of Attorney?

www.step.org Why make a Lasting Power of Attorney? Why make a Lasting Power of Attorney? The professional body for trust and estate practitioners Why make a Lasting Power of Attorney? The The benefits benefits of of drawing drawing up up a will a will

More information

A Guide to Lasting Powers of Attorney

A Guide to Lasting Powers of Attorney A Guide to Lasting Powers of Attorney Why do I need a Lasting Power of Attorney (LPA)? There may come a time when you lose the ability to manage your financial affairs or make decisions about your own

More information

Wills, trusts and Probate

Wills, trusts and Probate Wills, trusts and Probate Lasting Powers of Attorney www.pannone.com A Wills, beginner s Trusts and guide Probate to purchasing property in France They are one of the UK s leading regional law firms. Family

More information

Guide to Making a Lasting Power of Attorney (LPA)

Guide to Making a Lasting Power of Attorney (LPA) Guide to Making a Lasting Power of Attorney (LPA) Contents 1/ What is a LPA? 2/ Why do I need an LPA? 2/ Who shoud I Appoint...? 3/ Can I still make decisions? 3/ How do I appoint an attorney? 4/ And that

More information

Making a will and a lasting power of attorney. Fact sheet

Making a will and a lasting power of attorney. Fact sheet Making a will and a lasting power of attorney Fact sheet Introduction Putting in place arrangements for what happens to your estate after your death is a sensible step for the future security of your family.

More information

POWERS OF ATTORNEY WHAT IS A GENERAL POWER OF ATTORNEY?

POWERS OF ATTORNEY WHAT IS A GENERAL POWER OF ATTORNEY? What do you do if you want someone to help look after your affairs? What if you become unable to look after yourself or make decisions about your own affairs? Who can make decisions about your welfare

More information

Guidance for people wanting to manage a bank account for someone else

Guidance for people wanting to manage a bank account for someone else Guidance for people wanting to manage a bank account for someone else Guidance for Consumers England and Wales How can this leaflet help? This guidance explains how a person can manage a bank or building

More information

Money Box Live: Power of Attorney Wednesday 22 September 2010

Money Box Live: Power of Attorney Wednesday 22 September 2010 Money Box Live: Power of Attorney Wednesday 22 September 2010 Further questions about Power of Attorney in England, Wales and Scotland. Answers provided by: Caroline Bielanska, Chief Executive of Solicitors

More information

Controlling your financial future. A guide to springing and enduring powers of attorney in the Northwest Territories

Controlling your financial future. A guide to springing and enduring powers of attorney in the Northwest Territories Controlling your financial future A guide to springing and enduring powers of attorney in the Northwest Territories Public Trustee for the Northwest Territories June 1, 2002 2 Table of Contents Introduction

More information

Arranging for someone to make decisions about your finance or welfare

Arranging for someone to make decisions about your finance or welfare Factsheet 22 August 2015 Arranging for someone to make decisions about your finance or welfare About this factsheet This factsheet looks at arrangements for other people to make decisions about your welfare

More information

LASTING POWER OF ATTORNEY QUESTIONNAIRE

LASTING POWER OF ATTORNEY QUESTIONNAIRE LASTING POWER OF ATTORNEY QUESTIONNAIRE The purpose of this questionnaire is to gather the information needed to complete your LPA(s). We will need your full name and address etc and those of your attorneys

More information

What is a Lasting Power of Attorney?

What is a Lasting Power of Attorney? What is a Lasting Power of Attorney? A Lasting Power of Attorney is a legal document that you (the Donor) can make which allows you to choose someone now (the Attorney) that you trust to make decisions

More information

Why make a Lasting Power of Attorney?

Why make a Lasting Power of Attorney? www.step.org Why make a Lasting Power of Attorney? Why make a Lasting Power of Attorney? The benefits of drawing up a will are widely recognised. In doing so, you make provision for the winding up of your

More information

Lasting Powers of Attorney

Lasting Powers of Attorney Lasting Powers of Attorney www.dls.org.uk Lasting Powers of Attorney Introduction This is a brief guide to Lasting Powers of Attorney (LPAs). In the event you require further information, you may wish

More information

Arranging for someone to make decisions about your finance or welfare

Arranging for someone to make decisions about your finance or welfare Factsheet 22 January 2014 Arranging for someone to make decisions about your finance or welfare About this factsheet This factsheet looks at arrangements for other people to make decisions about your welfare

More information

A guide to the Mental Capacity Act

A guide to the Mental Capacity Act A guide to the Mental Capacity Act Introduction Brain injury can significantly impair some people s ability to make decisions. In such cases, it may be necessary to make some decisions on their behalf

More information

Wills, Power of Attorney & Enduring Guardianship

Wills, Power of Attorney & Enduring Guardianship Wills, Power of Attorney & Enduring Guardianship What is a Will? A Will is a written legal document by which the person making it sets out how he or she wishes their property to be distributed after their

More information

A Leading UK Personal Injury Firm. Court of Protection

A Leading UK Personal Injury Firm. Court of Protection A Leading UK Personal Injury Firm Court of Protection Lasting Power of Attorney A Lasting Power of Attorney is a document which allows you to give legal rights to a person of your choice to manage your

More information

Powers of Attorney. Introduction

Powers of Attorney. Introduction Powers of Attorney Introduction This leaflet explains what powers of attorney are and how they operate. It also sets out how the Church of England Pensions Board ( the Board ) deals with powers of attorney

More information

PRIVATE CLIENT SERVICES

PRIVATE CLIENT SERVICES Helping you to manage your personal and financial affairs efficiently and effectively, now and for the future. REF: 9068 07/15 SERVICES FOR YOU PRIVATE CLIENT SERVICES YOU RE NEVER TOO YOUNG TO START PLANNING

More information

An easy guide to lasting powers of attorney An independent voice and champion for older people across Wales

An easy guide to lasting powers of attorney An independent voice and champion for older people across Wales An easy guide to lasting powers of attorney An independent voice and champion for older people across Wales In partnership with: The Older People s Commissioner for Wales The Older People s Commissioner

More information

BEGINNER S GUIDE. Power of Attorney. Protecting what is important to you

BEGINNER S GUIDE. Power of Attorney. Protecting what is important to you BEGINNER S GUIDE Power of Attorney Protecting what is important to you BEGINNER S GUIDE - POWER OF ATTORNEY What is a Power of Attorney? A Power of Attorney gives someone (the Attorney) the legal right

More information

Enduring Powers of Attorney. Guidelines for Solicitors

Enduring Powers of Attorney. Guidelines for Solicitors Enduring Powers of Attorney Guidelines for Solicitors Issued by the Probate, Administration and Taxation Committee May, 2004 TABLE OF CONTENTS INTRODUCTION:... 1 PART 1 EXECUTION OF EPA... 1 1.1 Who is

More information

English Translation of Transcript. Representatives of Department of Justice talked about Enduring Powers of Attorney on Commercial Radio

English Translation of Transcript. Representatives of Department of Justice talked about Enduring Powers of Attorney on Commercial Radio English Translation of Transcript Representatives of Department of Justice talked about Enduring Powers of Attorney on Commercial Radio (We would like to express our gratitude to the Commercial Radio for

More information

Do You Need an Enduring Power of Attorney?

Do You Need an Enduring Power of Attorney? Public Guardian and Trustee Do You Need an Enduring Power of Attorney? Public Guardian and Trustee of Yukon Justice Court Services Information Resources - Whitehorse, Yukon Office of the Public Guardian

More information

POWERS OF ATTORNEY. Do the right thing see your lawyer first

POWERS OF ATTORNEY. Do the right thing see your lawyer first POWERS OF ATTORNEY Do the right thing see your lawyer first Contents 1. Powers of attorney 2. What is a general power of attorney? 3. What is an enduring power of attorney (EPA)? 4. A property EPA 5. A

More information

Form If you are a trustee, you should seek legal advice if you want your attorneys to act as trustees on your behalf.

Form If you are a trustee, you should seek legal advice if you want your attorneys to act as trustees on your behalf. Form of enduring power of attorney (for appointment of more than one attorney) Information you must read Form 2 1. This form is a legal document that allows you to create an enduring power of attorney

More information

POWER OF ATTORNEY LONG TERM CARE

POWER OF ATTORNEY LONG TERM CARE POWER OF ATTORNEY LONG TERM CARE GIVE FAMILY MEMBERS OR SOMEONE ELSE YOU TRUST THE LEGAL POWER TO MAKE DECISIONS ON YOUR BEHALF Each of us hopes to remain healthy and independent for as long as possible.

More information

Make and register your lasting power of attorney a guide

Make and register your lasting power of attorney a guide LP12 Make and register your lasting power of attorney a guide Financial decisions including: running your bank and savings accounts making or selling investments paying your bills buying or selling your

More information

Powers of Attorney in New South Wales. This fact sheet also contains the forms to make a general power of attorney or an enduring power of attorney.

Powers of Attorney in New South Wales. This fact sheet also contains the forms to make a general power of attorney or an enduring power of attorney. FACT SHEET www.lpi.nsw.gov.au March 2014 Powers of Attorney in New South Wales This fact sheet also contains the forms to make a general power of attorney or an enduring power of attorney. What is a power

More information

Enduring Power of Attorney

Enduring Power of Attorney Protect your future with an Enduring Power of Attorney Life can be fragile an Enduring Power of Attorney means you can have peace of mind that someone you trust will make decisions for you if you can t

More information

The person to whom you give this power is known as your "attorney-in-fact" or "agent." You are known as the "principal."

The person to whom you give this power is known as your attorney-in-fact or agent. You are known as the principal. Durable Power of Attorney for Finances Question & Answers State Bar of Michigan What is a power of attorney? You may, by written document, voluntarily choose another person to handle some or all your property

More information

POWER OF ATTORNEY EQUITY RELEASE

POWER OF ATTORNEY EQUITY RELEASE POWER OF ATTORNEY EQUITY RELEASE GIVE FAMILY MEMBERS OR SOMEONE ELSE YOU TRUST THE LEGAL POWER TO MAKE DECISIONS ON YOUR BEHALF Each of us hopes to remain healthy and independent for as long as possible.

More information

GUIDELINES FOR SOLICITORS PREPARING AN ENDURING POWER OF ATTORNEY

GUIDELINES FOR SOLICITORS PREPARING AN ENDURING POWER OF ATTORNEY GUIDELINES FOR SOLICITORS PREPARING AN ENDURING POWER OF ATTORNEY Law Society of NSW, December 2003 The following guidelines are intended to assist solicitors who are advising clients who wish to draw

More information

LP1F. Lasting power of attorney. Financial decisions. Form

LP1F. Lasting power of attorney. Financial decisions. Form Form LP1F Lasting power of attorney Financial decisions Registering an LPA costs 110 This fee is means-tested: see the application Guide part B Use this for: running your bank and savings accounts making

More information

Need Help With Making Decisions?

Need Help With Making Decisions? Need Help With Making Decisions? Welfare, Health, Finances You can ask for this information in large print, Braille, in audio format or in other languages. Please telephone 01202 454979, or email caredirect@bournemouth.gov.uk

More information

Managing Your Property and Personal Affairs

Managing Your Property and Personal Affairs Managing Your Property and Personal Affairs Chapter Health problems at any age can make it difficult for you to manage your property or care for yourself. However, with careful planning you can arrange

More information

ENDURING POWER OF ATTORNEY ENDURING POWER OF ATTORNEY. ver: 2 1/06/02. Short Form

ENDURING POWER OF ATTORNEY ENDURING POWER OF ATTORNEY. ver: 2 1/06/02. Short Form Department of Justice and Attorney-General Form 2 Queensland Powers of Attorney Act 1998 (Section Form 2 44(1)) Queensland Powers of Attorney Act 1998 (Section 44(1)) ENDURING POWER OF ATTORNEY ENDURING

More information

LPA107. Lasting Powers of Attorney A guide for Certificate Providers and Witnesses. www.publicguardian.gov.uk

LPA107. Lasting Powers of Attorney A guide for Certificate Providers and Witnesses. www.publicguardian.gov.uk LPA107 Lasting Powers of Attorney A guide for Certificate Providers and Witnesses www.publicguardian.gov.uk Contents Introduction 4 Part A Certificate Providers 5 The role of a Certificate Provider 5

More information

Durable Power of Attorney For Finances

Durable Power of Attorney For Finances Durable Power of Attorney For Finances Choosing Someone to Handle Your Property And Finances in Case of Disability Washtenaw County Probate Court Shared/Social/Resources/DPOA for Finances FOREWORD We all

More information

Fact sheet Planning Ahead Enduring Power of Attorney

Fact sheet Planning Ahead Enduring Power of Attorney Fact sheet Planning Ahead Enduring Power of Attorney What is an enduring power of An enduring power of attorney is a legal document which you can use to appoint a person to make decisions about your property

More information

Making Health Care Decisions in North Dakota:

Making Health Care Decisions in North Dakota: Making Health Care Decisions in North Dakota: A Summary of North Dakota Law Regarding Health Care Directives Published by: North Dakota Department of Human Services Aging Services Division 1237 W.Divide

More information

A Guide for Powers of Attorney

A Guide for Powers of Attorney A Guide for Powers of Attorney NSW Trustee & Guardian can prepare a Power of Attorney to ensure your financial affairs are professionally managed. Contents Powers of Attorney: Your questions answered 3

More information

The best laid plans. A Saga guide to planning for the future. Being in the sandwich generation is no picnic. About this guide

The best laid plans. A Saga guide to planning for the future. Being in the sandwich generation is no picnic. About this guide The best laid plans JUNE 2015 Being in the sandwich generation is no picnic Common belief has it that those aged 45-60 have it easy. Growing up at the perfect time to take advantage of free education and

More information

QUESTIONS AND ANSWERS ON POWERS OF ATTORNEY

QUESTIONS AND ANSWERS ON POWERS OF ATTORNEY QUESTIONS AND ANSWERS ON POWERS OF ATTORNEY COLUMBIA LEGAL SERVICES JULY 2013 1. What is a power of attorney? It is often convenient or even necessary to have someone else act for you. When you give someone

More information

Sorting out your estate before you die

Sorting out your estate before you die Sorting out your estate before you die This information is an extract from the booklet Sorting out your affairs, which is part of the financial guidance series. You may find the full booklet helpful. We

More information

& Care & Choices at the End of Life. Advance Directive. Planning for Important Healthcare Decisions

& Care & Choices at the End of Life. Advance Directive. Planning for Important Healthcare Decisions compassion & choices Care & Choices at the End of Life. Advance Directive Planning for Important Healthcare Decisions District of Columbia Power of Attorney for Healthcare INFORMATION ABOUT THIS DOCUMENT

More information

A Guide to Enduring Power of Attorney in Western Australia

A Guide to Enduring Power of Attorney in Western Australia A Guide to Enduring Power of Attorney in Western Australia Preface This guide is produced by the Public Advocate, the independent statutory officer appointed by the Western Australian Government under

More information

Doctors acting as health and welfare attorneys for their patients a guidance note

Doctors acting as health and welfare attorneys for their patients a guidance note BMA Ethics Doctors acting as health and welfare attorneys for their patients a guidance note February 2012 Summary box...1 Introduction...1 What is a Lasting Power of Attorney?...1 Health and Welfare Powers

More information

Law Reform Commission. Report on Enduring Powers of Attorney. Executive Summary

Law Reform Commission. Report on Enduring Powers of Attorney. Executive Summary Law Reform Commission Report on Enduring Powers of Attorney Executive Summary Preface 1. There are no requirements that a conventional power of attorney should be witnessed by a solicitor or a doctor,

More information

ENDURING POWERS OF ATTORNEY

ENDURING POWERS OF ATTORNEY ENDURING POWERS OF ATTORNEY Russell Robertson Accredited Wills & Estates Specialist ofrm.com.au/epaguide The information provided in this guide is general in nature and should not be relied upon as legal

More information

Advance decisions, advance statements and living wills

Advance decisions, advance statements and living wills Advance decisions, advance statements and living wills About this factsheet Advance decisions (sometimes referred to as living wills ) and advance statements are two ways to make sure others, including

More information

You and your joint account

You and your joint account You and your joint account A guide for customers Cover image: HD Connelly, 2010 Used under license from Shutterstock.com. How can this leaflet help me? This document will help if you currently hold or

More information

A Guide for Powers of Attorney

A Guide for Powers of Attorney A Guide for Powers of Attorney NSW Trustee & Guardian can prepare a Power of Attorney to ensure your financial affairs are professionally managed. Contents Powers of Attorney: Your questions answered 3

More information

A Guide to Making a Power of Attorney. (Extracts from the official guide of the Office of the Public Guardian (Scotland))

A Guide to Making a Power of Attorney. (Extracts from the official guide of the Office of the Public Guardian (Scotland)) A Guide to Making a Power of Attorney (Extracts from the official guide of the Office of the Public Guardian (Scotland)) Introduction This guide is for individuals who wish to appoint one or more persons

More information

PRESTIGE SOLICITORS & ASSOCIATES

PRESTIGE SOLICITORS & ASSOCIATES WILL KIT Peace of mind for your whole family Level 1, 221 Merrylands Road MERRYLANDS NSW 2160 Phone: (02) 9637 5011 Fax: (02) 9637 5022 Email: admin@prestigesolicitors.com.au DISCLAIMER: Prestige Solicitors

More information

A GUIDE TO THE SUBSTITUTE DECISIONS ACT

A GUIDE TO THE SUBSTITUTE DECISIONS ACT A GUIDE TO THE SUBSTITUTE DECISIONS ACT 0-7794-2147-7 Queen s Printer for Ontario, 2000 Introduction to the Guide 03 The Subsitute Decisions Act 06 Some Important Definitions 08 Decisions About Property

More information

GUARDIANSHIP OF ADULTS

GUARDIANSHIP OF ADULTS Taylor Cochr ane Making Service A Matter of Practice Since 1835 GUARDIANSHIP OF ADULTS The material in this booklet is a compilation of in house materials developed by Taylor MacLellan and three brochures

More information

What is the purpose of the Grant of Representation?

What is the purpose of the Grant of Representation? PA2 How to obtain probate - A guide for people acting without a solicitor What is the Probate Service? The Probate Service is part of HM Courts & Tribunals Service. It administers the system of probate,

More information

Power of Attorney FREE

Power of Attorney FREE REVISED 2015 Power of Attorney This publication tells you how a power of attorney can be used to give someone the legal power to take care of financial and legal matters for you. It explains the types

More information

Mencap s guide to Lasting Powers of Attorney and the Court of Protection

Mencap s guide to Lasting Powers of Attorney and the Court of Protection Mencap s guide to Lasting Powers of Attorney and the Court of Protection Notes about this guide 2 This guide is intended as an outline guide only. It is not intended to be exhaustive and reliance should

More information

harris law Succession Planning Explanatory Notes lawyers + consultants solutions

harris law Succession Planning Explanatory Notes lawyers + consultants solutions harris law solutions Succession Planning Explanatory Notes lawyers + consultants Level 7 320 Adelaide Street Brisbane QLD 4000 GPO Box 2918 Brisbane QLD 4001 Ph: (07) 3211 8144 A Succession Plan (or Estate

More information

Power of Attorney. Note that giving a power of attorney does not affect your own power to do anything that you are legally entitled to do.

Power of Attorney. Note that giving a power of attorney does not affect your own power to do anything that you are legally entitled to do. Power of Attorney This information is based on the law as at February 2011. It is intended as a guide only and is not intended to replace the need for legal advice about specific situations. What is a

More information

Planning for incapacity using a power of attorney

Planning for incapacity using a power of attorney Advisory Planning for incapacity using a power of attorney It is possible that at some point in our lives we may become incapable of making decisions for ourselves, either temporarily or permanently, due

More information

WILLS & POWERS OF ATTORNEY GENERAL INFORMATION

WILLS & POWERS OF ATTORNEY GENERAL INFORMATION ESTATE PLANNING WILLS & POWERS OF ATTORNEY GENERAL INFORMATION OUR SERVICE OVERVIEW WILLS At MCP we strongly recommend our clients have a valid Will. This is the best way to ensure that your assets are

More information

What is the purpose of the grant of representation?

What is the purpose of the grant of representation? PA2 How to obtain probate - A guide for people acting without a solicitor What is the Probate Service? The Probate Service is part of HM Courts & Tribunals Service. It administers the system of probate

More information

MAKING A WILL A guide to help you

MAKING A WILL A guide to help you MAKING A WILL A guide to help you Death is not something we like to think about or plan for and of course no amount of planning can prevent the pain your loved ones will experience when you die. However,

More information

Solicitors fees. ltd. by choosing Legal & Contract Services Ltd. years. Covering most Counties throughout the UK. Protection Trusts.

Solicitors fees. ltd. by choosing Legal & Contract Services Ltd. years. Covering most Counties throughout the UK. Protection Trusts. Avoid increasing et Solicitors fees by choosing Legal & Contract Ltd e Asset tion Lasting Ultimate Powers Asset of Attorney Funeral Plans rs Funeral Plans Supporting families for over 20 years Covering

More information

Powers of Attorney. This booklet contains forms for Continuing Power of Attorney for Property and Power of Attorney for Personal Care

Powers of Attorney. This booklet contains forms for Continuing Power of Attorney for Property and Power of Attorney for Personal Care Powers of Attorney This booklet contains forms for Continuing Power of Attorney for Property and Power of Attorney for Personal Care Ministry of the Attorney General NOT FOR SALE Table of Contents Ontario's

More information

Managing Finances after Brain Injury

Managing Finances after Brain Injury Managing Finances after Brain Injury After a brain injury a person may lack the ability to manage their financial affairs permanently or temporarily. The law makes a number of provisions for these situations

More information

A basic guide to the Court of Protection

A basic guide to the Court of Protection 1 A basic guide to the Court of Protection 2 Table of contents Page Who is this guide for? 4 What is the Court of Protection? 4 What can the Court of Protection do? 5 What is the law that applies to the

More information

A Financial Planning Technical Guide

A Financial Planning Technical Guide Insurance and Estate Planning A Financial Planning Technical Guide Securitor Financial Group Limited ABN 48 009 189 495 AFSL 240687 Contents Introduction 1 General insurance 1 Private health insurance

More information

Thinking ahead. An affordable will and estate plan for you and your family

Thinking ahead. An affordable will and estate plan for you and your family Thinking ahead An affordable will and estate plan for you and your family Thinking ahead Most people understand the importance of having a will and estate plan to safeguard their family s future. However

More information

Legal Techniques. for. MEDICAL & PERSONAL PLANNING for ALZHEIMER S FAMILIES IN NEW HAMPSHIRE

Legal Techniques. for. MEDICAL & PERSONAL PLANNING for ALZHEIMER S FAMILIES IN NEW HAMPSHIRE Legal Techniques for MEDICAL & PERSONAL PLANNING for ALZHEIMER S FAMILIES IN NEW HAMPSHIRE NH BUREAU OF ELDERLY AND ADULT SERVICES 1-800-351-1888, Extension 9203 HELP LINE TTY/TDD RELAY 1-800-735-2964

More information

Guide to an Enduring Power of Attorney

Guide to an Enduring Power of Attorney Guide to an Enduring Power of Attorney Contents Preface 2 1. Law Governing the Enduring Power of Attorney ( EPOA ) 3 2. What is a Power of Attorney ( POA )? 3 3. What Exactly is an EPOA? 3 4. Creating

More information

LP1H. Lasting power of attorney. Health and care decisions. Form

LP1H. Lasting power of attorney. Health and care decisions. Form Form LP1H Lasting power of attorney Health and care decisions Registering an LPA costs 110 This fee is means-tested: see the application Guide part B Use this for: the type of health care and medical treatment

More information

Wills and Estate Planning Preserving your wealth for future generations

Wills and Estate Planning Preserving your wealth for future generations Wills and Estate Planning Preserving your wealth for future generations Peace of mind for you and your family Thinking about your Will and how you would like your Estate to pass on death can be an uncomfortable

More information

OPG602. Making decisions A guide for family, friends and other unpaid carers. The Mental Capacity Act

OPG602. Making decisions A guide for family, friends and other unpaid carers. The Mental Capacity Act OPG602 Making decisions A guide for family, friends and other unpaid carers The Mental Capacity Act Making decisions A guide for family, friends and other unpaid carers Helping people who are unable to

More information

PRACTICE DIRECTION FIXED COSTS This practice direction supplements Part 19 of the Court of Protection Rules 2007

PRACTICE DIRECTION FIXED COSTS This practice direction supplements Part 19 of the Court of Protection Rules 2007 PRACTICE DIRECTION FIXED COSTS This practice direction supplements Part 19 of the Court of Protection Rules 2007 PRACTICE DIRECTION B FIXED COSTS IN THE COURT OF PROTECTION General 1. This practice direction

More information

Guide to Wills and Legacies

Guide to Wills and Legacies Guide to Wills and Legacies Leaving a gift in your Will to International Cat Care Leaving a gift in your Will to International Cat Care Thank you for enquiring about leaving a gift in your Will to International

More information

2. When to notify the Public Guardian of a death

2. When to notify the Public Guardian of a death PUBLIC GUARDIAN PRACTICE NOTE SUBJECT: Updating Public Guardian registers Relevance: to: Deputies and Attorneys No: 02/2011 September 2011 Title: Notification of death Contents Summary 1 When to notify

More information

People making decisions for you

People making decisions for you An easy read fact sheet People making decisions for you What you need to know about people making decisions for you. The Mental Health Act Code of Practice People making decisions for you Keys facts ÁÁ

More information

WILLS, POWERS OF ATTORNEY, AND HEALTH CARE DIRECTIVES

WILLS, POWERS OF ATTORNEY, AND HEALTH CARE DIRECTIVES WILLS, POWERS OF ATTORNEY, AND HEALTH CARE DIRECTIVES Glossary Administrator Alternate Bequest Capable Codicil Consent Devise Estate Executor A person appointed by the courts to distribute the property

More information

With Power of Attorney, the Future is in your hands.

With Power of Attorney, the Future is in your hands. With Power of Attorney, the Future is in your hands. Around 45,000 people register Power of Attorney every year in Scotland. You should make your plans too. Call us for more information 0141 287 0470 www.mypowerofattorney.org.uk

More information

Seniors Resource Centre of Newfoundland and Labrador Advocacy Committee. Discussion Paper. Enduring Powers of Attorney

Seniors Resource Centre of Newfoundland and Labrador Advocacy Committee. Discussion Paper. Enduring Powers of Attorney Seniors Resource Centre of Newfoundland and Labrador Advocacy Committee Discussion Paper Enduring Powers of Attorney Summer 2014 2 Introduction A power of attorney is a useful legal tool which permits

More information

A guide to personal injury trusts

A guide to personal injury trusts A guide to personal injury trusts Introduction Following a brain injury, a person may receive substantial sums of money from a personal injury claim, personal accident insurance, charitable gifts, or other

More information

Understanding Welfare Powers of Attorney - Scotland

Understanding Welfare Powers of Attorney - Scotland Understanding Welfare Powers of Attorney - Scotland This factsheet explains what a Welfare Power of Attorney is, how one can be used, and how to appoint one. This is applicable to people living in Scotland.

More information

Probate and Estate Planning Section State Bar of Michigan. Durable Power of Attorney

Probate and Estate Planning Section State Bar of Michigan. Durable Power of Attorney Probate and Estate Planning Section State Bar of Michigan Durable Power of Attorney Notes 2 The Durable Power of Attorney Table of Contents The Problem.......................................... 4 Questions

More information

GOLD WILL (Testamentary trust Will)

GOLD WILL (Testamentary trust Will) ESTATE PLANNING SERVICES NO HIDDEN EXTRAS OR SURPRISES: Prices include the following: Home visit to gather information: Qualified lawyers reviewing the drafts and finalising the documents with you: Full

More information

Insurance and estate planning. A Financial Planning Technical Guide

Insurance and estate planning. A Financial Planning Technical Guide Insurance and estate planning A Financial Planning Technical Guide 2 Insurance and estate planning Introduction 4 General insurance 4 Private health insurance 4 Personal insurance 5 Business insurance

More information

Guide to Wills and Probate

Guide to Wills and Probate Guide to Wills and Probate AUGUST 2015 The importance of having a Will Have you made your Will yet? It s one of those documents that we all know we should have, but one that millions of us put off making,

More information

A brief guide to Trusts and our Trustbuilder tool

A brief guide to Trusts and our Trustbuilder tool guide to guide to trusts trusts A brief guide to Trusts and our Trustbuilder tool A Brief guide to Trusts and our Trustbuilder tool Introduction This brief guide explains some of the main features and

More information

Protecting Against Financial Abuse. A guide for older Albertans, their families and friends

Protecting Against Financial Abuse. A guide for older Albertans, their families and friends Protecting Against Financial Abuse A guide for older Albertans, their families and friends Reprint September 2013 It can happen to anyone Financial abuse is one of the most frequently reported types of

More information

A guide to the Adults with Incapacity (Scotland) Act

A guide to the Adults with Incapacity (Scotland) Act A guide to the Adults with Incapacity (Scotland) Act Introduction Mental capacity refers to our ability to make decisions for ourselves and act on them. Brain injury can impair this ability and when this

More information

Introduction... 4000. Attorney England and Wales... 4050. Verifying the attorney is empowered... 4055. Photocopies... 4058. Scanned PoAs...

Introduction... 4000. Attorney England and Wales... 4050. Verifying the attorney is empowered... 4055. Photocopies... 4058. Scanned PoAs... Contents Part four Introduction... 4000 England and Wales... 4050 Verifying the attorney is empowered... 4055 Photocopies... 4058 Scanned PoAs... 4059 Overseas s PoA drawn up abroad... 4069 Capable customer

More information

Power of Attorney. Plan your future with someone you trust Put the future in your hands

Power of Attorney. Plan your future with someone you trust Put the future in your hands Power of Attorney Plan your future with someone you trust Put the future in your hands Did You Know? Without Power of Attorney in place you or someone you love will spend on average four months longer

More information

Your Future, Your Health Power of Attorney for Health Care

Your Future, Your Health Power of Attorney for Health Care CFS 2032-2 12/2010 State of Illinois Department of Children and Family Services Your Future, Your Health Power of Attorney for Health Care As you transition toward independence, it is important for you

More information