Frequently Asked Questions

 

Lasting Power of Attorney Frequently Asked Questions.

>>> How many people should I appoint as Attorneys and who?
>>> How do I register a Lasting Power of Attorney?
>>>
 I have an Enduring Power of Attorney, what happens to that?
>>>
 How do I cancel powers of attorney?
>>>
 Do I need to take professional advice?
>>>
 What is the procedure in Scotland?

How many people should I appoint as Attorneys and who?

As may not be able to check up on the attorney yourself if you become incapable, it may be a good idea to appoint more than one person to help prevent abuse of the responsibility. Choose people you can trust to act in your best interests. You should consider how well they look after their own financial affairs and whether you can trust them to use your money to meet your needs.

How do I register an LPA?

Either you or your attorney can apply to the Public Guardian to register your LPA. The application can be made at any time after you have made an LPA.

Before the application to register the LPA is made, the people named as being entitled to receive notification of the application must be told by the person who wants to register it.

The Public Guardian will give notice that the application has been received to:

  • you as the donor
  • the attorney or attorneys

Your relatives will not be notified of the application to register the LPA unless you have named them as being persons who should be given notice.

Anyone who has been notified can object to the LPA being registered.

Once the LPA is registered it continues indefinitely. The LPA can be registered by the attorney after you have lost capacity.

I have an Enduring Power of Attorney, what happens to that?

The new Lasting power of attorney replaced the EPA on 1 October 2007. A person given power under an EPA before 1 October 2007 can still use it and apply to have it registered. This person has a duty to apply to register the EPA as soon as they believe that you are becoming or have become mentally incapable of making financial decisions for yourself.

If you have an unregistered EPA and still have the capacity to make decisions for yourself, you can make a Personal Welfare LPA to run alongside it.

EPAs created before 1st October 2007, whether registered or not, remain valid and there is no requirement to change to an LPA. There may however be reasons where it can be beneficial to do so.

How do I cancel powers of attorney

Lasting power of attorney (LPA)
You can cancel your LPA if you have the mental capacity to do so. If there is a dispute about whether your LPA has been cancelled, the Court of Protection has the authority to make a decision.

A Property and Affairs LPA is revoked if you or your attorney becomes bankrupt; bankruptcy does not terminate a Personal Welfare LPA.

Enduring power of attorney (EPA)
You can cancel an unregistered EPA if you have the mental capacity to do so, without applying to the Court of Protection.

To cancel a registered EPA you must show the Court of Protection:

  • that you understand who the attorney is and what powers they have
  • that you understand the effect of the cancellation
  • why the EPA needs to be cancelled

An EPA is revoked if you or the appointed attorney becomes bankrupt.

Do I need to take professional advice?

In the majority of cases no! However if your property and financial affairs are very complex it can be a good idea to get advice from a solicitor before making an LPA.

What is the procedure in Scotland?

The Adults with Incapacity (Scotland) Act 2000 provides different ways for people to manage the affairs of those who are unable to act for themselves.

You can hand over a decision-making power (power of attorney) to another person in case your illness gets worse in the future. This could include decisions about your property, finances and personal welfare.