Power of Attorney Guide

Understanding the importance of Power of Attorney and how it protects you and your loved ones when you need it most.

A comprehensive guide to making informed decisions about your future care and financial affairs.

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What is a Power of Attorney?

A Power of Attorney 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 yourself.

Important Things to Know

 

A Power of Attorney can be effective immediately when signed, or it can be a “springing” power that only becomes effective when you become incapacitated, as determined by medical professionals.

You retain full control while you’re capable of making decisions. The attorney can only act when you’re unable to, and they have a legal duty to act in your best interests at all times.

Why You Need Power of Attorney

Life is unpredictable. A Power of Attorney ensures you’re protected and your wishes are respected when you can’t speak for yourself.

A Power of Attorney 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 yourself.

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Without a Power of Attorney, your family could face serious legal and financial difficulties when you need their help most.

The Consequences Can Be Severe:

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Frequently Asked Questions About Power of Attorney

Get clear answers to the most common questions about Power of Attorney and how it can protect you and your family.

 

Financial Power of Attorney allows your attorney to manage your money, property, and financial affairs. Health & Care Power of Attorney covers medical decisions, personal care, and welfare matters. You can have the same person as attorney for both, or choose different people for each.

Your attorney must be over 18 and have mental capacity. They can be a family member, friend, solicitor, or other trusted person. Choose someone you trust completely, who understands your values, and who would be willing and able to take on the responsibility. You can appoint more than one attorney.

If you die without a will (intestate), the law decides how your estate is distributed according to strict rules. This may not reflect your wishes and could leave out people you care about, such as unmarried partners or stepchildren. It can also cause delays and additional costs for your family.

A Lasting Power of Attorney must be registered with the Office of the Public Guardian before it can be used. Once registered, it can be used as soon as you lose mental capacity, or immediately if you’ve given permission for it to be used while you still have capacity.

The cost of setting up a Power of Attorney varies depending on the complexity of your arrangements. At City Legal, we offer transparent, competitive pricing with no hidden fees. We will provide you with a clear quote during your free consultation so you know exactly what to expect. Many clients choose to set up both types of LPA together, which can offer better value.

Yes, you can change or cancel (revoke) your Power of Attorney at any time, as long as you have the mental capacity to do so. If you want to make changes, you will need to create a new LPA, as existing ones cannot be amended. To revoke an LPA, you must notify the Office of the Public Guardian in writing. We can guide you through this process if your circumstances change.

Several safeguards are built into the LPA system. Your attorneys have a legal duty to act in your best interests and must follow the principles of the Mental Capacity Act. You can include specific instructions and preferences in your LPA to guide their decisions. The Office of the Public Guardian oversees the system and investigates concerns. You can also appoint more than one attorney and require them to act jointly, adding an extra layer of protection.

 

The Office of the Public Guardian takes approximately 8-10 weeks to register a Power of Attorney, though this can vary depending on their workload. We handle the entire registration process for you, including submitting the application and tracking its progress.

 

This is why it’s important to appoint replacement attorneys in your LPA. If your first choice attorney can’t act, your replacement attorney can step in. If you haven’t appointed replacements and your attorney can’t act, you may need to create a new Power of Attorney if you still have capacity.

Ready to Set Up Your Power of Attorney?

Don’t wait until it’s too late. Get professional guidance and complete peace of mind with our expert Power of Attorney service.

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