Powers of Attorney

We all know that we should have a Will to make sure that our loved ones are provided for when we die, but what happens if you have an accident or an illness, which leaves you mentally unable to make decisions?

As the country's population is ageing, this happens more often than you would think and if you do not have a Lasting Power of Attorney specifying who can look after your affairs, you will have to go through the Court of Protection. This is a court which was set up to look after the assets of vulnerable people, and applications to it, for the appointment of a deputy to look after a vulnerable person's assets, can be quite a complicated process and long drawn out process..

However, there is an easier way to proceed, and that is to grant someone (preferably 2 people, in case one of them should be unable to act, or should die) you trust, a Lasting Power of Attorney, which gives them the right to look after your financial affairs, and also if you wish, your health and welfare. A Property and Affairs Lasting Power of Attorney covers financial matters and a Personal Welfare Power of Attorney covers health and medical matters.

A long form needs to be completed and signed by you and your attorney, in each case and your mental capacity to make the document has to be verified by an independent third party, called a certificate provider.

As well as deciding on your attorney or attornies, you have to list one or more persons you want to be notified, when application is made to register the Power of Attorney with the Office of the Public Guardian. If you do not name anyone in this regard, then there have to be 2 certificate providers , as to your capacity to make the document.

The Lasting Power of Attorney has to be registered before it can be used. This means, that if you want to, you can wait until it is needed, before applying to register it. However, it is preferable to get it registered as soon as possible, to avoid the long registration waiting period.

A registration fee is charged by the Office of the Public Guardian for registration, which is currently £82.00, but some people, such as those on means tested benefits, are entitled to a fee remission.

To apply for registration, further forms have to be completed.

Do you already have an Enduring Power of Attorney, made before Lasting Powers of Attorney were brought in? If so, do not worry, they are still valid.

More helpful information on powers of attorney and the Court of Protection can be found at www.publicguardian.gov.uk

The cost of making a Lasting Power of attorney including our Alison John acting as your certificate provider is £250.00 plus VAT. If Alison feels that a doctor should act as your certificate provider, then, there will also be the doctor's fee to pay for this service. Please enquire directly of your doctor as to the fee payable.

The cost of registering a Lasting Power of Attorney is £250.00 plus VAT plus the fee of the Office of the Public Guardian of £82.00

Do you need a Lasting Power of Attorney? If so, we can help.

Contact us today:-

Telephone: 01267 235819

E-mail: alison@johnfarrdavies.com

(click on the e-mail address to send us an e-mail)

Or call in at our offices 3 Queen Street, Carmarthen SA31 1JR to arrange an appointment