Lasting Powers Of Attorney – Why It’s Best To Make Both At The Same Time
Posted on 10th June 2020
When you make Lasting Powers of Attorney, you (the Donor) will need to have a witness and a Certificate Provider, to attest to your capacity, both of whom will need to sign the documents when you sign. Your Attorneys, and a further witness for each Attorney, will need to sign the documents, too. If you are instructing our expert Lasting Powers of Attorney Solicitors in Lancaster or Preston to draft your Lasting Power of Attorney documents on your behalf, we would be able to act as your Certificate Provider and witness when you are signing the documents.
By making both types of Lasting Powers of Attorney at the same time, you can ask the same person or people to witness them, helping to streamline the process as much as possible.
Once both documents are registered, you will have peace of mind that, if and when they need to, your Attorneys can make decisions on your behalf or, in relation to financial decisions, they can carry out tasks at your direction before you have lost capacity.
Sometimes, a client will approach us as they feel that they don’t have anybody who they trust to appoint as their Attorney. In these cases, our expert Wills, Trusts and Probate Solicitors in Preston or Lancaster can be appointed to act on your behalf as your Attorneys.
There are two types of Lasting Powers of Attorney which you can make:
- Property and financial affairs Lasting Power of Attorney
- Health and welfare Lasting Power of Attorney
The different documents cover different aspects of your life and would be used at, potentially, different times. Therefore, it’s imperative that when you decide to make Lasting Powers of Attorney, you know what each document does, and when they can be used. You can read more about the different types of Lasting Powers of Attorney in more detail in our Lasting Powers of Attorney Solicitors in Lancaster’s blog, here, or read on for a brief explanation.
Do I need a Solicitor to make Lasting Powers of Attorney?
Whilst you can make Lasting Powers of Attorney yourself online, quite often people find that it’s easier to instruct an expert Wills, Trusts and Probate Solicitor to draft the documents on their behalf. The simple reason for this being that they can provide expert legal advice about who to appoint as your Attorneys, or things that you should consider before appointing certain people as your Attorneys, and they will be able to ensure that the documents are completed correctly before they are submitted for registration, thus preventing you from incurring any additional registration fees due to errors.
What is a Property and Financial Decisions Lasting Power of Attorney?
A Lasting Power of Attorney relating to financial decisions can be used by your Attorneys to make decisions relating to your property and financial affairs. They will also be able to carry out tasks on your behalf whilst you still have capacity, at your direction. In terms of your day-to-day life, it means that your Attorneys will be able to access and manage your banking or savings accounts, pay your bills, collect your pension and other income, and sell your home if they needed to.
With this type of Lasting Power of Attorney, your Attorneys are able to act either as soon as the document is registered, or only once you have lost capacity. If you are instructing one of our expert Wills, Trusts and Probate Solicitors in Lancaster or Preston, we will be able to walk you through these options and which is best for you when we take your initial instructions.
What is a Health and Welfare Lasting Power of Attorney?
A Lasting Power of Attorney relating to health and welfare decisions can be used by your Attorneys, only once you no longer have capacity, to make decisions about your health and welfare. For example, this could be decisions about your daily routine (such as how often you wash, what you wear, what food you eat and who you have contact with). Your Attorneys will also be able to make decisions about your medical care. For example, if you move into a care or residential home, or decisions about any life-sustaining treatment you may need.
As the Health and Welfare Lasting Power of Attorney can only be used if you no longer have capacity, you will be asked to make decisions yourself until such time as you are unable to. If you want advice about what other steps you can take to make decisions about your care and welfare when you are unable to make these decisions yourself, you can read our Wills, Trusts and Probate Solicitors’ blog about Living Wills, here.
Instructing MG Legal to draft your Lasting Powers of Attorney
As with all of your everyday legal matters (such as fixed fee residental and commercial property sales and purchases, fixed fee Family Law matters and No Win No Fee Personal Injury Compensation Claims), MG Legal are here to help. You can contact our team to discuss Lasting Powers of Attorney whichever way suits you; online, via email to firstname.lastname@example.org, or by contacting your local office.
MG Legal are experts in drafting Lasting Powers of Attorney, with over 13 years’ experience in making and registering these documents on behalf of our clients, quickly and efficiently. But, don’t just take our word for it; Read our 5 stars reviews online, here.
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