All you need to know about your power of attorney in Liverpool. Most clients who require professional legal advice will want to see a solicitor to help with completing the Power of Attorney Forms. For most clients you will want a power of attorney Solicitor in Liverpool, Merseyside to ensure that your future financial affairs and or health care and wishes are dealt with by your loved ones or friends you can trust should you lose ‘mental capacity.’ This is preferable to a stranger from the court of protection who will decide what is best for you.
This is important as what the Court of Protection may decide what is in your best interest should you lose mental capacity may be totally different from your wishes.
Power of attorneys should be made by you if you were concerned should you lose mental capacity in the future. A Power of Attorney may be temporary if you are:
- Abroad and find it difficult to handle your affairs in the UK,
- Temporary difficulties such as being in hospital,
- Suffering from a temporary illness
Local Liverpool Solicitors Power of Attorney
You must be aware that there are organisations online that will help you complete the forms and charge a fee but as this is an important document we would always advise you to seek face to face advice locally with a firm of solicitors in Liverpool to draft the Power of Attorney.
You will be assure you are receiving advice from a Local Solicitor for such an important document in all areas of Merseyside, we are located in South Liverpool, Allerton, Mossley Hill, Liverpool but welcome clients from all over Liverpool and the North West.
- What do I need to make a Lasting Power of Attorney?
- Who can be Your Attorney?
- Can I Change my Lasting Power of Attorney Once it’s Registered?
- Can I have more than One Attorney?
- Can I have a back up Attorney?
- Do I have to Pay My Attorney?
- Can I Tell People Other Than My Attorney about the Lasting Power of Attorney?
- My Children Want Me to Take Out A Lasting Power of Attorney, But I am Unsure?
- Who Can Be the Certificate Provider For My Lasting Power of Attorney?
- When Does the Lasting Power of Attorney Come Into Effect?
- What is Mental Capacity in relation to a Power of Attorney?
- What If I Don’t Have a Power of Attorney?
- Why do I need Power of Attorney?
- What are the different types of Powers of Attorney?
- When would I need Power of Attorney?
- How much does it cost to set up a Lasting Power of Attorney?
Two Main Types of Power of Attorney:
1. Property and Financial Power of Attorney
This lasting power of attorney gives the person(s) you trust (called the Attorney) the ability to make decisions about your financial affairs to include any property you own or rent with or without a mortgage, savings, investments, shares, pensions etc. Your Attorney will also be able to undertake many day-to-day financial transactions such as:
- Paying your bills,
- Dealing with and querying your direct debits and standing orders,
- Collecting your benefits/pensions,
- Buying or selling property for your benefit.
You can combine this power of attorney with the health and welfare lasting power of attorney see below.
2. Health and Welfare lasting power of attorney
This lasting power of attorney is often made if you are concerned about your medical well-being in the future and you want to ensure that should you lose your own ability to make decisions about your health and welfare the person(s) you trust will ensure your wishes are carried out.
This could be in relation to:
- How you are cared for, washing, dressing, eating etc
- The type and cost of medical treatment you may want,
- If you wish to stay at home for your care needs or agree to moving into a care home should you consider the costs and or the amount of care and quality of care may be too much for your loved ones.
- If you wish to have life-sustaining treatment.
- Organ donation.
You can combine this lasting power of attorney to the Property and Financial Power of Attorney above. It is important to seek advice from a solicitor in Liverpool for a Power of Attorney.
What do I need to make a Lasting Power of Attorney?
Whilst you can make a lasting power of attorney yourself, many find the paper-work bewildering and because the fees that we charge are low instruct us to prepare, discuss and advise on the most suitable power of attorney for your needs.
The basic first steps to make a lasting power of attorney are:
- Yourself, in legal terms you are called the ‘Donor.’
- Your Attorney, this is usually your close family members or friends you trust the most to deal with your financial affairs and or medial affairs.
- Your power of attorney solicitor who will help you with the application (optional).
- Completion of the correct lasting power of attorney paper-work.
- The court fee, unless you are eligible for a court fee exemption.
- Registering your Lasting Power of Attorney with the Office of Public Guardian which can take up to 10 weeks).
Who can be Your Attorney?
Any person you trust who must be over 18 years. They care usually a family member, friend, husband or wife or you can even appoint your solicitors. Your attorney need not be living in the United Kingdom but you must feel and be confident that the person you appoint as your Attorney will carry out your wishes in your best interest. You should be able to trust them as they will be making decision about you. We make it easy for you to see us face to face, as we will help draft a Power of Attorney in Liverpool.
Your Attorney must:
- make decisions in your own best interests,
- consider any specific requests in your Lasting Power of Attorney, this may include if there is more than one Attorney, to ensure that both or more of the Attorneys you appoint must agree before a decision is made, that could be for instance, selling your home.
As a Donor you can make specific request or limit their powers to deal with your financial or welfare affairs. They can be specific like nominating a care home or selling asses like property or shares. You may ask the Attorney to make decision jointly with another Attorney or if they have full power to make a decision about you without needed the consent of another. It’s your Lasting Power of Attorney so you have complete control.
Can I Change my Lasting Power of Attorney Once it’s Registered?
Yes you can change the terms of your Lasting Power of Attorney at any time providing you have capacity to do so. There is likely to be a further fee to update it. You can change most things such as your Attorney, you can remove the Attorney or add another one or more. You may wish to change the type of Lasting Power of Attorney such as adding a Health and Welfare Power of Attorney to a Property and Financial Affairs Power or change the way Attorney(s) make decisions about you, e.g. your Attorney(s) must jointly agree to sell any property you own rather than the decision being made by one Attorney. Any changes is easy and you can see us face to face, update the Power of Attorney in our Liverpool office.
Can I have more than One Attorney?
The answer is yes. Most will appoint more than one Attorney which may also act as a safe guard to you so that no one person has all the power to make decisions about you.
Thus you may provide that all decisions about you must be decided by all or both of your appointed attorneys so decisions must be made together and signed accordingly.
Sometimes when dealing with everyday matters to have all your Attorneys jointly agree everything may be cumbersome, so you may choose only matters that are important to you must have all Attorneys agree and with others just your main Attorney.
Appointing more than one Attorney will also help should one die before you. The Lasting Power of Attorney will continue but it must be drafted carefully to ensure that any restrictions you place on your Attorney(s) if there is more than one, does not prevent them making decisions about you. For example if you stipulate that your Attorneys must jointly agree to sell your property but one has died, the surviving Attorney may not be able to sell it.
Any queries you can see us face to face, our Solicitors will assist you in all aspects of your Power of Attorney in our Liverpool office, Allerton, South Merseyside.
Can I have a back up Attorney?
Yes, there is provision in the application form that should your ‘first choice’ Attorney should die or no longer wishes to be your Attorney, a back up Attorney can be appointed. On the form this is known as a ‘replacement attorney’ and the same restrictions apply to the replacement attorney on eligibility.
If you do not appoint a replacement or back up Attorney and you have only appointed one Attorney, your Power of Attorney will end if your Attorney can no longer act or dies before you.
Can I Put Restrictions on my Attorney?
Yes there are two main restrictions or preferences:
You can make a ‘preference’ or guidance which is what you would like all your Attorneys to think about before they make a decision on your behalf. Your Attorneys however do not have to follow your preference. When using a preference, you should avoid using words such as ‘shall’ or ‘must’ as this may be too restrictive. Instead you should use words like, ‘prefer’ or ‘would like’ so that there is more flexibility to your Attorneys to carry out your wishes without making your preference unworkable.
Some examples include of a preference:
‘I would like to stay with living with my sister for a much as possible…’
‘I would prefer to my pet to live with me for as long as possible…’
You may also issue your Attorney(s) some instructions on your wishes. Instruction tell your Attorneys what the must do. Instructions therefore often contain the words, ‘must’ and ‘shall’ to indicate you wishes clearly and without room for doubt.
Some examples include of an instruction:
‘My Attorneys shall not put my in a care home unless my doctor is of the opinion that I can no longer live independently in my own home…’
‘My attorneys must ensure I am given a plant-based diet only…’
It is very important that instructions to your Attorneys are carefully drafted and it may be a good idea to seek out a solicitor who specialises in lasting power of attorneys to ensure that your instructions are workable. If they are not, it may defeat your wishes.
Do I have to Pay My Attorney?
You will need to discuss this wit the person(s) you appoint as your Attorney. Thus if you appoint your partner, husband or wife, in most cases they would not need paying. However if appoint a professional Attorney such as a Solicitor, they will require payment for the work undertaken.
Can I Tell People Other Than My Attorney about the Lasting Power of Attorney?
Yes you can and indeed it is recommended. The documentation in the Lasting Power of Attorney has provision for you to notify others that you have registered the document. You can choose up to five people which gives them the opportunity to raise concerns or objections before it can be registered. It is like a check and balance by others you know and trust that are not your Attorneys to ensure it is beneficial to you.
My Children Want Me to Take Out A Lasting Power of Attorney, But I am Unsure?
You should only agree to a Lasting Power of Attorney if you are 100% sure and there is no undue duress or cohesion for you to sign such an important document. If you are unsure you should seek profession legal advice from a solicitor who drafts Lasting Power of Attorneys or call the Government Hotline on 0300 456 0300.
Who Can Be the Certificate Provider For My Lasting Power of Attorney?
A certificate provider is usually a person who knows you more than two years who is not your Attorney or a professional such as your GP or a Solicitor.
The certificate provider must be satisfied that you are intending to create a Lasting Power of Attorney without fraud or undue pressure and that you fully understand the purpose and scope of the Lasting Power of Attorney.
When Does the Lasting Power of Attorney Come Into Effect?
Most Lasting Power of Attorneys can be used as soon as it has been registered and confirmed. However, when completing the Lasting Power of Attorney you have a choice to decide when it should be used. The options are twofold:
- You can decide that the Power comes into effect immediately once registered. This means that your Attorneys can act without delay, or
- That your Lasting Power of Attorney will only be effective if and when you lose mental capacity.
What is Mental Capacity in relation to a Power of Attorney?
In short this is a term used to decide if you can make and understand the decisions yourself. Most people may lose the capacity to make decision about themselves if they suffer from a condition such as Dementia or Parkinson’s.
What If I Don’t Have a Power of Attorney?
Why do I need Power of Attorney?
A Power of Attorney is a legal document where one person, YOU, called the “donor”, gives another person, your “Attorney”, the right to make decisions and act on YOUR behalf.
If you want someone to act on your behalf, for example in financial or medical decisions, you will need to give them Power of Attorney over your affairs.
Your Attorney has a duty of care to YOU as donor that they shall not benefit themselves, financially or otherwise. All decision must be for your benefit and there is no conflict of interest.
YOU can place restrictions and conditions on the powers that your Attorney(s) to provide additional control and safeguarding your interest if you deem this appropriate. This may also include appointing a Solicitor for your Power of Attorney.
What are the different types of Powers of Attorney?
There are several variations of Power of Attorney, these are:
Ordinary Power of Attorney
- This gives another person authority for a limited period of time. Thus it is temporary and you can give your Attorney power to deal with your, say financial affair such a paying your bills, Council Tax etc whilst you are abroad for an extended periods or in hospital due to an accident.
- However, if you sign an Ordinary Power of Attorney if you lose mental capacity, this Power of Attorney will expire.
- It is important to note that this Power of Attorney is temporary and not an option for long term planning.
Lasting Power of Attorney (LPA)
- This is the most common form of Power of Authority and suitable for most people in the UK.
- It is an ongoing arrangement with no expiration, allowing another person (your Attorney) to continually make decisions on your behalf.
- There are two types of Lasting Power of Attorney:
- Property and Financial Affairs LPA, giving the attorney power to make decisions about money and property.
- Health and Welfare LPA, giving the attorney power of your daily routine, medical care, moving into care etc.
- Once the document is registered, it can be used immediately, with permission whilst still having mental capacity, or can take effect once it has been lost.
Enduring Power of Attorney (EPA)
When would I need Power of Attorney?
Power of Attorney is usually taken out when someone is becoming ill or elderly and they need someone such as a family member to help them make decisions. However, it is often a good idea to take out a Lasting Power of Attorney before such events take over so there is no last minute rush and decisions you make are made in time and upon reflection.
Putting in place a Power of Attorney can give you peace of mind that someone you know and trust is in charge of your affairs.
If you are aged 18 or older and have the mental ability to make financial, property and medical decisions for yourself, you are eligible to make these decisions for you in the future.
You can appoint just one attorney, or more than one attorney, to act:
- “Jointly” – they must always make decisions together;
- “Jointly and severally” – they have to make some decisions together and some individually.
As an example, you can appoint attorneys to act jointly when dealing with financial affairs, but allocate just one attorney to decide where you live, such as a care home.
Similarly, if you feel like somebody you know needs your help and are losing the ability to appropriately make their own decisions, you can arrange to become their power of attorney provided that they still have the capacity to make that decision.
How much does it cost to set up a Lasting Power of Attorney?
If you draft one yourself it will only cost you the court fee which is £82 but you may be exempt from this fee if you are on low income, certain benefits and have little savings.
If you instruct a specialist Power of Attorney Solicitor in Liverpool, our fees start from as little as £300 plus vat and the court fee.
Contact Power of Attorney Solicitors in Liverpool
We are Solicitors who undertake this special kind of work and will help, your family and friends to set up a Power of Attorney quickly and make sure your wishes are protected.
As we are local solicitors in the high street in South Liverpool we often see clients in our offices but we can also make local visits in your home which is convenience to you.
Please calls the Power of Attorney Solicitor in Liverpool for information and a fee quotation and guidance.