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96 pages

English

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This book will enable the layman to understand the workings and the importance of Powers of Attorney. Lasting Powers of Attorney were introduced by the Mental Capacity Act 2005 and enables the person being the Donor to appoint another person to deal with their financial affairs if they become mentally incapable. LPA's cover financial matters, property matters and personal welfare issues. Personal welfare issues could include making of treatment or daily living decisions. The book will take you through all that you need to know to create and prepare and register a Lasting Power of Attorney. This is equally as important as having a Will.

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Law

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Publié par	Straightforward Publishing
Date de parution	24 décembre 2020
Nombre de lectures	0
EAN13	9781913776572
Langue	English

Informations légales : prix de location à la page 0,0300€. Cette information est donnée uniquement à titre indicatif conformément à la législation en vigueur.

Extrait

POWERS OF ATTORNEY
PETER WADE
Emerald Guides www.straightforwardco.co.uk
Emerald Guides
Copyright Peter Wade Estate 2020
Revised Edition
ISBN: 978-1-913342-82-1
ePUB ISBN: 978-1-913776-57-2
Kindle ISBN: 978-1-913776-66-4
The right of Peter Wade to be identified as author of this work has been asserted by him in accordance with Copyright, Designs and Patents Act 1988
All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No paragraph of this publication may be reproduced, copied or transmitted save with the written permission or in accordance with the provisions of the Copyright Act 1956 (as amended). Any person who does any unauthorised act in relation to this publication may be liable to criminal prosecution and civil claims for damage.
Whilst every care has been taken to ensure the accuracy of this work, the author or publisher cannot accept responsibility for loss occasioned by any person acting or refraining to act as a result of any statement contained within this book.
Contents
Introduction
The Impact of COVID 19 on Regsitering powers of Attorney.
1. Lasting Powers of Attorney
2. Mental Capacity Act 2005
3. Enduring Powers of Attorney (EPA's)
4. Difference between Enduring Powers of Attorney and Lasting Powers of Attorney
5. Who can Create a Lasting Power of Attorney?
6. Creating a Lasting Power of Attorney
7. When can it be used-Or When Does the Instrument Come into Effect?
8. Who Can Be an Attorney?
9. Duties of an Attorney under an Enduring Power of Attorney
10. Gifts
11. When Should the Lasting Powers of Attorney Be Registered?
12. Abuse of Powers of Attorney
13. Revoking the Power
14. Functions of the Office of the Public Guardian
15. Functions of the Court of Protection
16. The Donor's ability to Make Decisions
17. Registering
18. Disclosure of the Donor's Will
19. Powers of Attorney-Scotland
20. Powers of Attorney Northern Ireland
Useful Organisations
Glossary of Terms
Index
Appendix 1. Standard Forms Used in Powers of Attorney (England and Wales)
****
Introduction
To grant someone power of attorney is a fundamental requirement, mainly affecting people who are finding it increasingly difficult to manage their affairs, usually elderly people who need to instruct someone they trust to manage their affairs.
However, it is by no means restricted to elderly. It could be, for example, someone who for some other reason has lost the ability to manage their affairs, such as someone who is ill or has been in an accident.
This revised edition of Powers of Attorney is up to date to 2020 and should prove an invaluable guide to the various areas related to power of attorney, whether it be Ordinary Power of Attorney, Lasting Power or Enduring Power of Attorney. Much of the emphasis in this book is on lasting Power of Attorney.
There is a new section in the book dealing with Powers of Attorney in Scotland and also Northern Ireland as these countries have their own different versions of the law and powers of attorney. Overall though, the practice amounts to the same thing-that is entrusting someone else with the management of affairs and the management of assets.
Powers of Attorney
Of course, at the time of writing it is important to make reference to the situation with making and registering Powers of attorney during COVID 19. The issue is one of the mechanics of how to carry out all of the due processes during a period of restrictions, which currently seem to have no end in sight. The advice below should be borne in mind when reading through the book, particularly the sections on registering a Power of Attorney.
Making and registering an LPA during the coronavirus outbreak
If you want to make an LPA now, you can as long as you follow government guidance on social distancing and self-isolating, and observe national restrictions. As we will emphasise throughout the book, making a lasting power of attorney (LPA) is an important decision that you should think about carefully. An LPA needs to be signed and witnessed by several people.
As you will see, once the LPA has been signed, you need to send it for registration. It may then be around 8 weeks before you get the registered LPA back and can start using it. This includes a 4 week waiting period required by law. Currently, the Office of the Public Guardian is experiencing delays registering and returning LPAs.
You can still make an LPA during this time. There are other ways people can make decisions for you that are quicker to get in place. These may be useful while you re waiting for an LPA to be registered or if you re self-isolating and need someone to carry out bank transactions for you.
How do I make an LPA during the COVID-19 outbreak?
If you want to make an LPA now, you can still do so as long as you follow government guidance on social distancing. self-isolating and observe national restrictions if they are still in force.
This guidance is for people making an LPA in England and Wales only. There is separate guidance for people making an LPA in Scotland and Northern Ireland. for Scotland go to: https://www.publicguardian-scotland.gov.uk . For Northern Ireland go to: https://www.nidirect.gov.uk/articles/managing-your-affairs .
Signing and witnessing the LPA
You should follow government guidance on social distancing and national restrictions to ensure that you satisfy requirements when signing and witnessing an LPA.
Do not :
use digital signatures - the document must be printed out and signed by hand with a black pen
send people photocopies or scans of the LPA to sign - everyone must sign the same, original document
ask people to send you a scan or photocopy of the page they ve signed The Office of the Public Guardian cannot register an LPA that includes scans or copied pages
Witnessing the donor and attorneys signatures
Witnessing must be done in person. You will need to follow government guidance on social distancing and national restrictions at all times when signing the forms.
Rules on witnessing
The witness must:
be shown the blank signature and date box before they re signed
have a clear view of the person signing the LPA, so they can see the signature being made
be shown the completed signature and date box immediately afterwards
Signatures must be witnessed in person.
If the donor cannot sign the LPA
If the donor is not able to use a pen and cannot sign the LPA, someone else can sign on their behalf. The donor and 2 other people must be there in person to witness the signature being made. The 2 witnesses must also sign the LPA. You must follow all the rules on witnessing in accordance with the government social distancing guidance and national restrictions
Make sure the LPA is signed in the right order
It s very important that the LPA is signed in the right order. If it s not, it cannot be registered it. The donor may have to make a new LPA, get it signed again, and pay another application fee.
The certificate provider and donor conversation
The certificate provider must talk to the donor about the LPA to make sure the donor understands it and is not being pressured to make it. It is recommend this conversation happens face to face, but you must consider the government social distancing guidance and national restrictions. If this must be over phone or a video call, the certificate provider should make sure the call is private.
Think carefully about who should be sent the registered LPA
When you make an LPA, you ll be asked to say who will be the correspondent . This is the person the Office of the Public Guardian will send the registered LPA to.
If you think you might need to use the LPA very soon after it s registered, think carefully about who should be the correspondent to make sure the person who needs it has access to it. Organisations, such as banks and care homes, will want to see this original registered LPA when an attorney wants to make decisions on the donor s behalf.
If you do not have access to a printer
You can ask a friend or family member to print the forms and post them to you. You can also ask the Office of the Public Guardian to post you the LPA application forms. Their telephone number is: 0300 456 0300
How you can help the Office of the Public Guardian to register your LPA as quickly as possible:
Use the online service to make the LPA and pay the application fee by card rather than cheque. Although you ll still need to print the completed forms to sign and then post them, it will take us less time to register your LPA. This is because cheques take much longer to process than card payments. If you make the LPA online, you ll also be able to track the progress of your application through the service without needing to contact the Office.
If the donor and attorney have email addresses, include them on the LPA form. This will make it much quicker for us to contact them if there are any issues.
Double check your forms before sending them in. Avoid common mistakes, by making sure:
the LPA is signed in the right order
you send the Office all pages of the LPA, even those you have not needed to complete
you post the original document - the Office cannot accept scans or photocopies
you carefully read the guidance on making LPAs
It is hoped that this book will prove useful to those who read it and who are seeking further guidance.
****
Ch. 1
Ordinary/Lasting Powers of Attorney

Ordinary powers of attorney
An ordinary power of attorney allows one or more person, known as your attorney, to make financial decisions on your behalf. It's only valid while you still have the mental capacity to make your own decisions. You may want to set one up if, for example:
you need someone to act for you for a temporary period, such an when you re on holiday or in hospital
you re finding it harder to get out and about to the bank or post office, or you want