Category: Lasting Power Of Attorney
A recent paper entitled “Avoiding Invalid Provisions in your LPA‟ written by Jill Martin who is a Legal Adviser to the Public Guardian, aims to explain how to avoid the need for severance. Which delays registration and can cause annoyance and frustration to donors and attorneys.
The paper states that on a monthly basis month the Public Guardian makes a large number of applications to the Court of Protection to “Sever” invalid provisions from Lasting Powers of Attorney that have been sent into the Office of the Public Guardian for registration.
In order for a Lasting Power of Attorney (LPA) to be valid and registered with the Office of the Public Guardian. It must contain at least one certificate (two if you are not choosing a person to be told) confirming that the person making the LPA (The Donor) has the full mental capacity at the time of making the LPA.
Each certificate needs to be completed by an independent person confirming that the Donor fully understands what giving Power of Attorney means and is not creating the power under pressure and that it has not been completed fraudulently.
A deputy is appointed by the Court of Protection to make decisions for someone who is unable to do so on their own.
They are responsible for making these decisions until either the person they’re looking after dies or is able to make decisions on their own again.
The Mental Capacity Act 2005 (MCA) is used to work out if someone can make their own decisions and how they can be helped. The Act makes it clear who can take decisions and in which situations and clearly states how they should go about this.
A Lasting Power of Attorney can be registered at any time after it has been made. However, it cannot be used until it has been registered with the Office of the Public Guardian (OPG). Registering the Power of Attorney soon after it is made means that it will be ready to be used by your attorney(s) when needed.
The longer the Power of Attorney is kept after making it and before registering it. The more likely you or your attorney(s) will need to keep its contents up to date, for example, addresses or contact details.
If you currently have a Lasting Power of Attorney registered with the office of the Public Guardian and there have been changes in your circumstances or wishes. For example, you no longer wish the attorneys you named to act should you lose the mental capacity to manage your own affairs.
Then you will need to Revoke the Lasting Power of Attorney by sending a deed of revocation to the office of the public guardian.
- Written by: Jason
- Category: Care Home Fee Planning, Document Storage, Funeral Planning, Inheritance Tax Planning, Lasting Power Of Attorney, Probate, Tenancy Status / Land Registry, Will Writing
- Published: 17th December 2013
Confused About Will Writing and Estate Planning Terminology?
In order to help you through the maze of Will Writing and Estate Planning technical Terms. Mind At Rest Wills have put together an A to Z glossary of the most common legal terms used in writing your Wills and Trusts, we hope you find it useful.
In March of this year, I wrote a blog titled “What If I Am Unable To Manage MY Affairs”. Which touched on the subject of Lasting Power of Attorney. Since this post, I have had many discussions with client’s about this subject.