WillPack

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 moreRegistering 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 moreObjections to the Registration of an LPA

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

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?

Reminder: Office of the Public Guardian Refund Scheme

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It has been over six months since the Office of the Public Guardian (OPG) announced their power of attorney refund scheme. Recent evidence however shows that only around 15% of those entitled to a refund have applied to the OPG. Due to this, we would like to put out a reminder about the scheme and … Read moreReminder: Office of the Public Guardian Refund Scheme

Paying Fees to an Attorney

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Reasonable Expenses All attorneys are able to claim reasonable expenses they incur whilst acting for the donor. This includes expenses such as postage, travel costs and the cost of an accountant preparing annual accounts. This does not have to specifically mentioned in the Lasting Power of Attorney (LPA) itself but could be included should the … Read morePaying Fees to an Attorney

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