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Lasting powers of attorney
A Lasting power of attorney is a legal document that lets you (the ‘donor’) appoint people (known as ‘attorneys’) to make decisions on your behalf.
It could be used if you became unable to make your own decisions.
There are two types of lasting power of attorney:
- health and welfare
- property and financial affairs
You can choose to make one type or both.
You must be 18 or over and have mental capacity – the ability to make your own decisions – when you make your lasting powers of attorney.
If a person has lost mental capacity before they have made a lasting power of attorney then it is necessary for an application to be made to the Court of Protection for a Deputy to be appointed. Anyone can be a Deputy and there are also specialist solicitors who can assist in making the application and will also act as Deputy if required.
Contact the Office of the public guardian if you don’t know what you should do.
Enduring powers of attorney have been replaced by lasting powers of attorney in England and Wales. However, they can still be used if they were made and signed before October 2007.
How to make a lasting power of attorney
- Choose your attorney (you can have more than one)
- Fill in the forms to appoint them as an attorney
- Register your lasting powers of attorney with the Office of the public guardian (this can take up to 10 weeks)
It costs £120 to register a lasting power of attorney with the Office of the public guardian. This could increase if you use a solicitor as they will typically add their own costs and rates.
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