Our lawyers can assist you in designing and executing official Power of Attorney documents. In October 2007, the Lasting Power of Attorney was ratified. Of utmost importance is retaining a knowledgeable and trust legal professional. Our lawyers are such professionals; they make decision in full compliance of the Mental Capacity Act of 2005.
A Lasting Power of Attorney, in order to be valid, must follow specific steps. It must be signed by Donor and the attorney. A Certificate must be given by a third party, whether it is a family member or a professional with expertise such as a doctor or social worker. Finally, a LPA is registered with the Office of the Public Guardian.
There are two forms of Lasting Power of Attorney (LPA). The first type, Property and Affairs Last Power of Attorney, relates to the administration of an individual’s finances. The types of decision made with the Property and Affairs LPA include: collecting income and benefits, disbursing payments on bills and expenses, buying and selling property, preparing and submitting tax returns as well as making gifts according to statutory limits.
The second type of Lasting Power of Attorney is the Welfare LPA. This concerns the administration of an individual’s healthcare. The major issues being addressed with the Welfare LPA are decisions regarding whether or not life sustaining treatment will be chosen and whether a Donor will remain at home or be placed in a residential or skilled nursing home. Daily activities such as diet and dress may also be dealt with this type of LPA.