WillPack

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 moreEnduring 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 moreDecisions 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 moreJointly Owned Property and Attorneys

LPAs: Qualifying for Remission or Exemption

LPAs: Qualifying for Remission or Exemption

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

Common Errors in the Signing of Lasting Powers of Attorney – Updated

Common Errors in the Signing of Lasting Powers of Attorney - Updated

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

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

LPAs – 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 moreLPAs – 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