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Power of Attorney

Power of Attorney (POA) is a legal document that allows you to appoint someone you trust to make decisions on your behalf if you become unable to do so. In the UK, there are different types of POAs, each serving specific purposes.

Power of Attorney is an essential tool for future planning, providing peace of mind that your affairs will be managed in line with your wishes if you become unable to make decisions for yourself. It’s important to seek professional advice when setting up a POA to ensure it meets your unique needs and complies with current UK legislation.

Types of Power of Attorney

  1. Lasting Power of Attorney (LPA): Property and Financial Affairs LPA: Allows the attorney to manage bank accounts, pay bills, and handle property matters
  2. Health and Welfare LPA: Enables the attorney to make decisions about medical care and living arrangements
  3. Ordinary Power of Attorney (OPA): Used for temporary situations, such as hospital stays or vacations
  4. Enduring Power of Attorney (EPA): Valid if made before October 2007, when LPAs were introduced

Key Features of LPAs

  1. Must be registered with the Office of the Public Guardian (OPG) before use
  2. The donor has to have mental capacity while creating an LPA
  3. Multiple attorneys can be appointed to act jointly or jointly and severally
  4. Can be cancelled at any time while the donor has mental capacity

Setting Up a Power of Attorney

  1. Choose the type of POA you need.
  2. Select your attorney(s) carefully.
  3. Complete the appropriate forms from the Office of the Public Guardian
  4. Have the forms signed by all parties and witnesses.
  5. Register the LPA with the Office of the Public Guardian

Writing a Will is a vital part of an estate planning that safeguards individuals’ property and their intent. However, we are here to assist you any time that you may feel overwhelmed by this process, please do not hesitate to contact us for assistance. It is worth taking time to prepare a solid will since this relieves you of the burden and assures you that your property is well managed and your family is well taken care of.

When should I set up a Power of Attorney?

It’s advisable to set up a POA while you have mental capacity, as a precautionary measure for the future.

You can appoint multiple attorneys and tell them how they should make decisions (jointly or independently).

An LPA remains valid until cancelled, all attorneys are unable to act, or the donor passes away.

Yes, you can specify limitations or conditions in the LPA document.

If you lose mental capacity without an LPA, someone may have to apply to the Court of Protection to become your deputy.

Yes, you can cancel (revoke) your LPA at any time, provided you have mental capacity.

No, you retain control while you have mental capacity. The LPA only comes into effect when you choose or when you lose capacity.

The government says it can take up to 20 weeks to register an LPA

At Your Will Writers, we are dedicated to providing professional, personalized service to ensure your estate planning needs are met with the utmost care and expertise. Feel free to reach out to us to discuss how we can assist you.

About Your Will Writers

Welcome to Your Will Writers, where your peace of mind is our top priority. I’m Noel Wildman (MSWW), the founder and principal of Your Will Writers, and I bring over 25 years of experience in legal and financial services to help you navigate the complexities of estate planning with confidence.
At Your Will Writers, we specialise in crafting personalised wills, trusts, and powers of attorney tailored to your unique needs. Our services also extend to handling probate enquiries and providing expert signposting through our trusted network of partners.

As a full member of The Society of Will Writers (SWW) and holder of £2 Million in professional indemnity insurance, I am committed to maintaining the highest standards of professionalism and reliability. My extensive background ensures that you receive informed and thoughtful guidance every step of the way.

Our approach is client-centered, offering flexible service options including face-to-face meetings, video calls, and telephone consultations to accommodate your preferences. Whether you’re coming to us directly or through a referral from one of our trusted partners—such as financial advisors, mortgage advisors, estate agents, or accountants—rest assured that you’ll receive the same level of dedicated and expert service.
Thank you for considering Your Will Writers for your estate planning needs. I look forward to helping you secure your future with clarity and confidence.

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