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 moreCertificate Provider: What Are They and Who Can Act As One?
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 moreEnduring Power of Attorney Overview
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 moreDecisions That Attorneys Can Make
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 moreJointly Owned Property and Attorneys
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 moreInvalid Instructions in LPAs
A donor may occasionally review their Lasting Power of Attorney (LPA) or Enduring Power of Attorney (EPA) and realise that their circumstances have changed since the documents were signed. There are unfortunately no steps in place to amend an existing LPA or EPA and if the donor wishes to make changes, they will need to … Read moreRevoking an EPA or LPA
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 moreLasting Powers of Attorney—Cross Border Concerns
When an LPA is sent to the Office of the Public Guardian (OPG) for registration, a registration fee is payable. At the time of writing, this is £82 per document. However, certain donors may be entitled to apply for a reduced fee or even complete exemption from the fee due to their financial circumstances. In … Read moreLPAs: Qualifying for Remission or Exemption
As an important legal document, a Lasting Power of Attorney needs to be legible and the Office of the Public Guardian will reject any documents that do not meet their standards. We check a large number of LPAs before they are sent to the OPG, some common errors are detailed below: Dates Please take the … Read moreCommon Errors in the Signing of Lasting Powers of Attorney – Updated
Since 1st March 2017, it has been accepted that a donor’s will can be disclosed to the attorneys of their Property and Affairs Lasting Power of Attorney (LPA). Before this date, it was believed that the will could only be disclosed if the LPA gave express authorisation for this. Can the will be disclosed whilst … Read moreLasting Powers of Attorney: Can the donor’s will be disclosed to attorneys?