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Lasting Powers of Attorney: Can the donor’s will be disclosed to attorneys?

LPA Can the donor’s will be disclosed to attorneys

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?

Replacement Attorneys on a Lasting Power of Attorney

Replacement Attorneys on a Lasting Power of Attorney

Under an LPA, the donor can name specific replacement attorneys that will step in to act in certain situations. When the replacement attorneys step in will depend on how the original attorneys are appointed. Replacing a sole attorney Replacements attorneys will start acting as soon as the original attorney is no longer able to act … Read moreReplacement Attorneys on a Lasting Power of Attorney

Advance Decisions and Health and Welfare LPAs

Advance Decisions and Health and Welfare LPAs

An advance decision is a decision made by a person refusing consent to the giving or continuing of certain medical treatments. This statement is made whilst they have mental capacity, in anticipation of a time in the future when they no longer have capacity. Advance decisions are also commonly referred to as an advance decision … Read moreAdvance Decisions and Health and Welfare LPAs

LPA’s – Instructions and Preferences

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In Lasting Power of Attorney documents, the donor can choose to place rules or guidance within the documents themselves to state exactly how they would like the attorneys to approach certain decisions should they lose the capacity to make decisions for themselves. This can be achieved on Section 7, Page 8 of each type of … Read moreLPA’s – Instructions and Preferences

Attorneys making gifts under an LPA

Attorneys making gifts under an LPA

Subject to instructions saying otherwise, attorneys of a Property and Affairs Lasting Power of Attorney have a power to make the following gifts: Gifts to charities that the donor may have given to; and Gifts to family members, friends or acquaintances of the donor on ‘customary occasions’ A customary occasion for this purpose means occasions … Read moreAttorneys making gifts under an LPA

Discretionary Fund Management

Following guidance and suggested wording issued by the Office of the Public Guardian with regards to Discretionary Fund Management (DFM), we looked at this in great detail and continued to review the situation. WillPack along with a number of other organisations took the decision not include the instruction due to uncertainty around the issue. Having … Read moreDiscretionary Fund Management

Common Errors in the Signing of Lasting Powers of Attorney

Power of Attorney

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. Some common errors are detailed below: Dates The dating of a Lasting Power of Attorney is extremely important and the Office of the Public … Read moreCommon Errors in the Signing of Lasting Powers of Attorney

Revoking a Lasting Power of Attorney or an Enduring Power of Attorney

Occasionally, a donor may review their Lasting Power of Attorney or Enduring Power of Attorney and realise that their circumstances have changed since the documents were signed, and will therefore wish to change them. To achieve this, these documents would need revoking. With an Enduring Power of Attorney, the process is simple. As the document … Read moreRevoking a Lasting Power of Attorney or an Enduring Power of Attorney

Certificate Providers

Power of Attorney

Certificate Providers A Certificate Provider is an independent person who signs a Lasting Power of Attorney (LPA) to certify that at the time of signing, they are aware that the donor understands the purpose and scope of authority given by the LPA, that no fraud or undue pressure is used to influence the donor into … Read moreCertificate Providers

Signing a Lasting Power of Attorney

Signing a Lasting Power of Attorney

Signing a Lasting Power of Attorney In order for a Lasting Power of Attorney to be completed correctly it must be signed and dated in a certain order, with any deviation risking it being returned from the Office of the Public Guardian unregistered. As the Office of the Public Guardian can take up to 16 … Read moreSigning a Lasting Power of Attorney