Lasting Power of Lawyer (UK Law)
Civil Attorneys
The Lasting Energy of Attorney was introduced by The Psychological Capability Act 2005 and came into effect on the 1st October 2007. It replaces the Enduring Energy of Attorney although EPA's made prior to the 1st October 2007 will continue to be valid. As the name suggests, the House and Affairs LPA deals with financial matters whereas the Welfare LPA covers personal and healthcare choices.
The Lawyer must be over 18 and should not be an un-discharged or interim bankrupt individual. More than 1 Attorney can be appointed to act either collectively, independently or together in respect of some issues and independently in respect of others. Beneath LPA's it is possible for the individual making the LPA to appoint a replacement Lawyer.
Role of Lawyer
Under a House and Affairs LPA the Lawyer will commonly be able to pay bills and expenses, collect income and advantages, handle Bank and Building Society Accounts, buy and sell house, complete and submit Tax Returns and make gifts within the statutory limits. Under a Welfare LPA the Attorney is likely to be given power to consent or refuse particular types of healthcare, including medical treatment and might even be able to consent to or refuse life sustaining treatment on behalf of the individual that has made the LPA. LPA's can be restricted or contain circumstances limiting the Attorney's authority. The Donor can also, if he wishes, include guidance for the Lawyer in the LPA. This guidance is not legally binding but could be invaluable to the Lawyer.
The Certificate Provider
Not only must LPA's be signed by the Donor and Attorneys and witnessed, a Certificate should also be given by a 3rd party, the "Certificates Provider". A Certificate Supplier is an independent person chosen by the Donor to complete a Certificates contained in the LPA to confirm that in his or her opinion the Donor:-
Understands the purpose and content of the LPA;
Understands the extent of the powers he is giving to the Attorney;
That there is nothing else that would prevent the LPA being produced.
The Certificates is vital and without it the LPA is invalid and can't be registered. The Certificate Supplier can either be somebody who knows the Donor personally and has carried out so for at least two years or a individual with the relevant professional skills and expertise to certify the LPA eg. a Solicitor, Barrister, Physician or Social Worker.
Registering the LPA
When making the LPA the Donor can nominate up to 5 individuals to be notified of the application to register. Those notified will have an opportunity to object to registration if they have concerns for example regarding the integrity of the Lawyer. A registered LPA will be added to the OPG database and searches can be created by 3rd parties to see regardless of whether an LPA is in existence.
Revoking an LPA
An LPA can be revoked by the Donor at any time provided he has mental capability. The Attorney can also disclaim the appointment. There are also circumstances when an LPA will be revoked. These are:-
When the Donor dies;
When the Donor is created bankrupt (NB this rule does not apply to a Welfare LPA);
The LPA may, nevertheless, specify that the appointment continues notwithstanding such divorce or dissolution.
Nevertheless, a choice to give someone authority to handle your financial affairs is not one that ought to be entered into lightly.
Lasting Power of Lawyer (UK Law) Lasting Power of Lawyer (UK Law)
By: Jim Pratt
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