WillPack

Business LPAs

Business LPAs

A general property and financial affairs LPA allows the donor’s attorneys authority over all of the donor’s property and finances. This ordinarily would include any interest that the donor has in a business. However, the donor’s chosen attorneys may not have the relevant skills or knowledge to deal with their business affairs and it may … Read more Business LPAs

Registering an LPA: What happens when an LPA is sent the OPG

Registering an LPA: What happens when an LPA is sent the OPG

Once a Lasting Power of Attorney (LPA) has been signed correctly, it must then be sent to the Office of the Public Guardian (OPG) to be registered before it can be used. The LPA does not need to be registered immediately after it is signed, for example the donor may wish to wait until they … Read more Registering an LPA: What happens when an LPA is sent the OPG

Objections to the Registration of an LPA

Objections to the Registration of an LPA

When an application to register an LPA is being submitted with the Office of the Public Guardian (OPG), a number of different parties will receive notice of that application. This is to ensure that relevant people are aware of the registration, as there may be a valid reason why that LPA should not be registered … Read more Objections to the Registration of an LPA

Certificate Provider: What Are They and Who Can Act As One?

Certificate Providers: What Are They and Who Can Act As One?

What is a certificate provider? A certificate provider is an independent person who will sign a Lasting Power of Attorney (LPA) to confirm that that no fraud or undue pressure is used to influence the donor into making the LPA, the donor understands the purpose and scope of authority given by the LPA and that … Read more Certificate Provider: What Are They and Who Can Act As One?

Enduring Power of Attorney Overview

Enduring Power of Attorney Overview

There are clients who are still in possession of an Enduring Power of Attorney (EPA) and one of the first questions that a client may ask is if it is still valid. If the EPA was signed before 1 October 2007 in the correct manner, then yes, the EPA will still be valid. Enduring Power of … Read more Enduring Power of Attorney Overview

Decisions That Attorneys Can Make

Decisions That Attorneys Can Make

Lasting Powers of Attorney (LPAs) for Property and Financial Affairs and Health and Welfare allow the attorneys to make decisions that relate to the donor’s property and financial affairs and health and welfare respectively. The forms however do not specifically state what decisions attorneys can and cannot make. It is advisable to give the donor … Read more Decisions That Attorneys Can Make

Jointly Owned Property and Attorneys

Jointly Owned Property and Attorneys

It is fairly common for married couples to want to name each other as sole attorneys in their Property and Financial Affairs Lasting Power of Attorney (LPA). Whilst there is nothing wrong with this appointment, clients should be advised that naming the spouse could cause some difficulties where the couple own land jointly with each … Read more Jointly Owned Property and Attorneys

Invalid Instructions in LPAs

Invalid Instructions in LPAs

Instructions are legally binding statements included in Lasting Powers of Attorney (LPAs) that the attorneys must comply with. Instructions should be carefully worded to ensure they are straightforward, easy to understand and capable of being put into practice. If instructions are unclear, not possible or too complicated, the Office of the Public Guardian (OPG) may … Read more Invalid Instructions in LPAs

Lasting Powers of Attorney—Cross Border Concerns

Lasting Powers of Attorney—Cross Border Concerns

The international enforcement of Lasting Powers of Attorneys (LPAs) abroad, and similar foreign protective measures here, can be a complex area but it is an issue that is becoming more common. Where there is an international element to a donor’s arrangements, it is vital that their situation is clarified as soon as possible. If clarification … Read more Lasting Powers of Attorney—Cross Border Concerns