Lasting Power of Attorney in Cheshire
Making provision in advance for the possibility of you becoming incapable of managing your own financial affairs and personal welfare during your lifetime. We can provide home visits for clients who feel they may require lasting powers of attorney in Cheshire or the surrounding areas.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (‘LPA’) is a legal document that enables you to choose one or more people to make decisions on your behalf about such things as your finances, property and your personal welfare at a time in the future should you become physically or mentally incapable to deal with those affairs.
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Property & Financial Affairs LPA
This LPA allows you to appoint attorneys to make a range of decisions about your property and finances including the buying and selling of your house, dealing with your tax affairs, paying your bills, operating bank and building society accounts and claiming benefits on your behalf. The LPA can be used at your direction while mentally capable and also by the Attorneys if you lack capacity to make these decisions.
Health & Welfare LPA?
Attorneys appointed under this document can make decisions relating to your living accommodation and care, consenting to or refusing medical treatment on your behalf, and on day-to-day matters such as diet and dress. This lasting power of attorney in Cheshire can only be used if you have lost the capacity to make decisions for yourself.
What is a Certificate Provider?
A “Certificate Provider” is either someone who knows you well or a professional person. The Certificate Provider must sign the form to confirm that they have discussed the contents of the LPA with you and that they can state that you understand the purpose and scope of the lasting power of attorney, no undue pressure or fraud is involved in your decision to make an LPA and there are no other factors preventing the creation of the LPA.
Both types of lasting power of attorney in Cheshire must be registered with the Office of the Public Guardian before they can be used by your attorneys. Registration can be by you or your attorney. We advise that your LPA is registered as soon as you have made the LPA to ensure that is it acceptable to the Office of the Public Guardian. We will take care of this for you as part of the process.
Attorney’s Powers and Responsibilities
We understand that giving someone power over your affairs can seem daunting to some clients. The person that you choose should be someone that you trust implicitly. When your attorney(s) sign the LPA document they are signing to agree that they will always act in your best interests.
It is their responsibility to ensure that:
- As far as possible your attorney(s) are making the decision that you would make if you were able to.
- Your attorney(s) must help you to make decisions for yourself whenever possible.
- Your attorney(s) can not assume that you no longer have mental capacity just because you make a decision that they feel is an unwise decision.
The attorney’s powers may be restricted and the LPA can specify that it can only come into force once you no longer have mental capacity (this applies in any case to Health & Welfare LPAs).
The attorneys only have limited powers to make gifts of your money or property, although the court may authorise additional giving.
When making investment decisions, the attorney will need to take appropriate professional advice.
An attorney may revoke their appointment by completing a specified form, which will need to be sent to you and copied to the other attorneys and the court.
Attorneys must observe the Code of Practice and professionals who are being paid for their services are required to display a higher standard of care and skill than a non-professional attorney.
Our role as your lasting power of attorney provider
We will be involved in the initial process of advising you about lasting power of attorney in Cheshire and we usually also act as your Certificate Provider.
When the LPAs are complete we will send them to the Office of the Public Guardian and deal with any queries they have until they return them to us as registered.
Once registered you and your attorneys will be able to access the registered documents online. You will receive instructions of how to do this from the Office of the Public Guardian. This is a simple process but we are happy to help you if you need guidance. When your attorneys need to use your LPAs they will be able to give electronic access to financial and medical institutions who need to see the LPAs.