Lasting Power of Attorney

Lasting Power of Attorney

The 2005 Mental Capacity Act (MCA) was passed on 1 October 2007 it has had far-reaching repercussions for many families in England and Wales.

The Act declares that once mental capacity is lost no one, including family or spouse, is allowed to make decisions concerning that individual’s welfare or have access to the assets and accounts, even those held jointly in that individual’s name. Nor can anyone act for, or sign on behalf of, that person.

To overcome this situation the spouse of the family there are just two options:

  • HAVE A LASTING POWER OF ATTORNEY ALREADY IN PLACE
  • MAKE AN APPLICATION TO THE COURT OF PROTECTION
Remember that application to the Court can be extremely costly, it takes years to come up with a solution and can be very frustrating. There is a huge amount of red tape when no Lasting Power of Attorney is put in place.

Please make sure you the follwing details:

  • Full names including middle names
  • Addresses
  • Telephone numbers
  • Occupations of executors and trustees
YOUR ATTORNEY(S)

Your attonery

  • Must be over 18
  • Not Bankrupt
  • You can have one or more

Your attonery can be your spouse, siblings, children or even close friends, You must be able to trust them.

REPLACEMENT ATTORNEYS

Replacement attoneries

  • Are not mandatory
  • They will step in place when your attonery is not able to or refuses to do so
  • If you no replacement attonery and your attonery is not available your LPA will come to an end

Your attonery can be your spouse, siblings, children or even close friends, You must be able to trust them.

PERSON TO BE NOTIFIED

The person to be notified

  • Should be someone you can trust
  • We recommend that this person should be independant to the family – Friend or neighbour
  • This person adds security to your Will
  • They will protect any vulnerable donors
  • Allows for the opportunity to raise any objections or concerns before LPA is registered
  • If there are no concerns or objections, the person to be notified is not required to do anything

Your attonery can be your spouse, siblings, children or even close friends, You must be able to trust them.

CERTIFICATE PROVIDER
  • Your Consultant has the relevant professional skills to act as your Certificate Provider as well as Witness.

Contact us to make an enquiry, we offer you a free consulation. We are able to come to you in the event it is difficult for you to reach us.

Young boy holding great grandmother's hand
Booking

Maple Brook Funeral Plans