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Making Lasting Power of Attorney Easy: Comparing online services
In England and Wales, setting up a Lasting Power of Attorney (LPA) is a crucial step in ensuring your wishes are respected. With the rise of online services, creating an LPA has become more accessible and convenient. However, navigating through the options can be...
Do you need a solicitor’s help with Power of Attorney?
The Office of the Public Guardian provides free forms that you can fill out and register yourself to appoint a Lasting Power of Attorney. So, do you need a solicitor's help with Power of Attorney? Well, it really depends on how complicated your affairs are and whether...
Can attorneys claim expenses or charge for care they provide?
Acting as an attorney is a serious responsibility that often requires time, effort, and sometimes money. This naturally raises an important question: Can attorneys claim expenses or charge for care services they provide when they are also the power of attorney? In...
Top 10 Common myths of an LPA
Despite its importance, there are common myths about Lasting Power of Attorney (LPA), which can lead to confusion and mistrust. In this article, we’ll address the top 10 common myths of an LPA and explain the truth behind them. Understanding the facts can help you...
What happens to LPA when the donor dies?
A power of attorney (POA) grants an individual (the Attorney) the authority to make decisions on behalf of another person (the Donor). This authority can cover financial, medical, or legal matters, depending on the type of POA. But, what happens to LPA when the Donor...
Your Power of Attorney for Business
Many people understand that they need a Lasting Power of Attorney (LPA) for their personal affairs but not as many people understand that they may need one for their business affairs. It is wise to understand what you may need your power of attorney for business to...
General Guide for the Donor
The Donor is the person who appoints someone to act under the Power of Attorney (POA). This article is a general guide for the Donor on how to choose the right attorney, how to revoke the attorney, setting up a Lasting Power of Attorney and how much it costs?...
The Tax Return and the Power of Attorney
It’s that time of year again when everyone is rushing to submit their tax returns by 31 January. But little did I know that I also had to submit a tax return for my father who has dementia. So, this is a short guide to understanding the tax return and the power of...
How to talk about Lasting Power of Attorney
Discussing sensitive legal matters like a Lasting Power of Attorney (LPA) can feel daunting. It's a crucial first step, though, to ensure loved ones are protected in the future. While this topic might evoke discomfort or fear, approaching the conversation with care...
General Guide to Mental Capacity
Mental capacity refers to a person's ability to be able to make decisions for themselves. It involves being able to understand information about a decision, think about it carefully and communicate the decision. So, this is a general guide to mental capacity for...
General Guide for the Court of Protection
This article is a general guide for the Court of Protection (COP). The COP for England and Wales can be at the Royal Courts of Justice in London or at a county court. It was created under the Mental Capacity Act 2005 and also has to consider the Human Rights Act 1998....
I have power of attorney, now what?
Being given the responsibility of a Power of Attorney is a big deal and it's complicated. So, once you have it you might be thinking "I have power of attorney, now what?" This article will break down, in simple terms, what power of attorney means. How to set it up if...
How to make decisions under a Lasting Power of Attorney
Under a Lasting Power of Attorney (LPA), attorneys are given significant authority but must always act within legal and ethical boundaries. This ensures that their decisions are always in the donor’s best interests. This article discusses how to make decisions under...
Rules of gifting under a Lasting Power of Attorney
A Lasting Power of Attorney (LPA) is a powerful legal tool that allows someone you trust (the 'attorney') to make decisions on your behalf. One area where this authority can come into play is gifting. There are specific rules and guidelines governing how and when an...
What is a Certificate Provider in an LPA?
When setting up a Lasting Power of Attorney (LPA), a crucial part of the process is selecting a certificate provider. This individual serves an important role by confirming that the donor understands what they are doing. In addition, that they are not being pressured...
Disclaiming the LPA: What the attorney needs to know.
Being appointed as an attorney is a significant responsibility. There may be situations, however, where the appointed attorney feels unable or unwilling to continue. In such cases, the attorney will need to look at disclaiming the LPA and this article covers what the...
OPG Wait Time for LPA drops to 16 weeks
The Office of the Public Guardian (OPG) wait time for LPA registration in England and Wales has dropped to 16 weeks. That will be a welcome change for individuals and families seeking legal arrangements for managing finances and health decisions. Significant Reduction...
A guide to the digital service: Use the LPA
In 2020, the Office of the Public Guardian made the digital service Use the LPA available. Until then, an Attorney faced the wearisome job of providing a paper copy of the legal document to every institution they dealt with. And, as there was only one original, an...
Making changes to a Lasting Power of Attorney
Once a Lasting Power of Attorney (LPA) has been registered with the Office of the Public Guardian (OPG), it becomes a legally binding document. Life is, however, unpredictable and that might mean that you need to make changes to your LPA after it has been registered....
Managing money for the elderly: What the attorney needs to know
As the population ages, more elderly individuals rely on debit cards for their daily financial needs. This article provides a guide for attorneys covering legal responsibilities and best practices for managing money for the elderly, what the attorney needs to know...
General Guide to the Office of the Public Guardian
This is a general guide to the Office of the Public Guardian (OPG). The OPG helps people in England and Wales to stay in control of decisions about their health and finance and make important decisions for others who cannot decide for themselves. The OPG also...
Choosing your Power of Attorney: who do you trust?
When choosing your Power of Attorney, you may be thinking of the same person for both a Lasting Power of Attorney (LPA) for Health and Wellbeing and for Finance and Property. Or you can appoint more than one for both to act alone or joint and severally. Either way,...
Best debit card solutions for the elderly
In the UK, there are several debit card solutions specifically designed to support the financial autonomy and safety of the elderly donor. This article explores the best debit card solutions for the elderly considering factors such as power of attorney, security...
View a Lasting Power of Attorney online
The Office of the Public Guardian has launched the View a Lasting Power of Attorney online service. This means that you can send a digital code to an organisation so they can view the Lasting Power of Attorney (LPA) online. It only applies to certain LPAs so, read...
Six Steps to Setting up an LPA: Start here
Granting Lasting Power of Attorney can be surprisingly easy. There are different types of Power of Attorney but the Lasting Power of Attorney is the most commonly used. Here are the six steps to setting up a Lasting Power of Attorney. Referred to as an LPA, it is a...
What happens if Joint Attorneys under an LPA fall out?
A Lasting Power of Attorney (LPA) is an important legal document so the job of being an attorney is equally important. In some cases, the donor might decide to share the burden between two or more attorneys. But what happens if joint attorneys under an LPA fall out?...
MyPOA Day – April 2024
This MyPOA Day – April 2024 blog post is some of the issues that I have to deal with on a daily basis being a power of attorney… Airbnb and others There are some days where I feel like the POA universe is conspiring against me. This time it is an apparently...
Don’t be a digital zombie: Pass on your passwords
These days we are encumbered by passwords. No password, no bank account. No password, no email. No password, no photo library but don't be a digital zombie: pass on your passwords to your attorney or they won't be able to access your files! Passwords control our...
Lasting Power of Attorney: Acting as an attorney
Being an attorney under a Power of Attorney involves a great deal of power and responsibility. So, it is extremely important that the attorney is trustworthy and understands what acting as an attorney entails. The attorney is governed by the Office of the Public...
MyPOA Day – March 2024
This MyPOA Day - March 2024 blog post is some of the issues that I have to deal with on a daily basis being a power of attorney... The Scammers This morning I got a call from the lovely man who takes Dad out for walks in his wheelchair (let's call him Wheelchair Carer...
Lacking mental capacity and the Mental Capacity Assessment
Your mental capacity is vital to whether you can make decisions or not. It will make the difference, for example, between whether you can even appoint your own Attorney. If you are lacking mental capacity and haven't appointed an attorney, it will be too late as a...
Duties of a Court Appointed Deputy or Attorney to the family
There are some circumstances where your loved one will have a court appointed panel deputy or professional attorney looking after their finances. In this situation, what are the duties of a court appointed deputy or attorney to the family? Your loved one, formally...
Activate the Lasting Power of Attorney
There comes a time when an Attorney will need to start using the Lasting Power of Attorney (LPA) to gain authority to represent the Donor. The easiest way to do that is online but, to do that, the LPA will first need to be 'activated'. You, the attorney, then...
Placing a parent in a care home: Your duties as an attorney
Caring for ageing parents or other elderly relatives is a profound responsibility that many of us will face at some point in our lives. As an attorney appointed under a Lasting Power of Attorney (LPA), the weight of decision-making can feel particularly heavy. This...
Using a Lasting Power of Attorney abroad
These days more people have relatives who either live abroad or have properties abroad. So, it is essential to understand how using a Lasting Power of Attorney abroad works. It is increasingly common for an individual to find themselves managing personal and legal...
Revoking your Attorney: What you need to know
You can end the Power of Attorney (POA) yourself by revoking your Attorney as long as you have mental capacity. It may be that you no longer need the Attorney or that the Attorney is no longer suitable, practical or trustworthy. The revocation will not be effective...
Guidance on Lasting Power of Attorney
A Lasting Power of Attorney or LPA covers decisions about your financial affairs and your health and wellbeing. It was created in 2007 under the Mental Capacity Act 2005 and came into effect on 1 October 2007. This article gives you some general guidance on Lasting...
Beginner’s Guide to Power of Attorney
At some point in your life you might need someone to help you make decisions about your health or finances, or to act on your behalf. This beginner's guide to power of attorney will guide you through this very complex subject. You may need to appoint someone because...
Discretionary Investments and Power of Attorney
As an attorney under a Lasting Power of Attorney (LPA) for Finance and Property, you may be tasked with making investments on behalf of the donor. It may be that you happen to be a seasoned professional at investing but, most attorneys won't be. This article looks...
Get digital: Powers of Attorney Act 2023 gets the green light
Today the new Powers of Attorney Act 2023 received Royal Assent. This will create new safeguards to protect against fraud and abuse and digitalisation will improve processing time and reduce human error. The Powers of Attorney Act fires the starting gun on bringing...
Frequently Asked Questions (FAQs)
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