DYNE DREWETT SOLICITORS LIMITED.

Lasting Power of Attorney Leaflet

Choosing you attorneys

You will wish to choose people that you trust completely and are over 18. an attorney under a Property and Affairs LPA should not be bankrupt. People usually choose their spouse and often their children, and other relatives or close friends. It is important to ensure that the people you appoint can work together to act in your best interests.

An alternative is to choose a professional person such as a solicitor. If you appoint more than one person you will need to decide whether they are to act ‘together’ or ‘together and independently’.

Together -
Together means that they must all sign everything: this can help to ensure that right decisions are made but may not always be practical depending on your choice of attorneys.

Together and Independently -
Together and independently means that they can either act together or individually.
 

When does it become active?

Your attorney(s) will only be able to act once the LPA has been signed by you are and your attorney(s), and certified by a suitable person that you have not been unduly pressure into making the Power.

It also has to be registered with the Office of the Public Guardian before it can be used. You can change or revoke your LPA at any time provided you have the mental capacity to do so.

Limitations -
An attorney cannot, without authority, from the Court of Protection, make a Will for you. You need to ensure that you have an appropriate Will in place.

There are also strict rules governing gifts by attorneys. A specialist solicitor will be able to advice you.