Havering Solicitors

What is a lasting power of attorney ?

A lasting power of attorney is a person who is empowered to see to and manage a mentally incapacitated person’s financial and personal affairs.  There are two types of attorney with mutually exclusive powers: financial/property and health/welfare.  The former has the power to manage bank accounts, dispose of property and generally manage financial affairs for the benefit of the incapacitated person.  This could include paying your bills, withdrawing money from your bank account (for your benefit) or selling your house.  The latter has the power to make decisions and manage an incapacitated person’s day-to-day welfare and medical care. This could include giving consent to particular medical treatments or deciding on whether you should live in a care home or in your own home with the support of local care/social services. You are entitled to appoint an single attorney with both financial/property and health/welfare powers.

Who is entitled to make a lasting power of attorney ?

The person making the lasting power of attorney must be over the age of 18 and have sufficient mental capacity to understand the consequences of making a lasting power of attorney.

Where should I apply to make a lasting power of attorney ?

Applications have to be made to the Office of the Public Guardian and Havering solicitors are of course happy to provide you with the relevant forms and assist you with your application.

How many attorneys can I appoint ?

For obvious reasons, you have to appoint at least one attorney but you are entitled to appoint two or more if you want.  Appointing two may be particularly appropriate where you feel one person is best placed to deal with financial matters and another is well placed to make sure you are properly cared for.

Who can I appoint as my attorney ?

Anyone over the age of 18 with sufficient mental capacity to fulfil the roles of an attorney can be appointed as your attorney.  For obvious reasons, it is absolutely essential that attorneys are persons you both trust and are capable of managing your affairs.  For these reasons, close family members are other are usually suitable candidates.

Do lasting power of attorney applications need to be witnessed ?

Yes, a lasting power of attorney must be witnessed by one person who sees both the donor (the person who makes the LPA) and the attorney signing the relevant lasting power of attorney forms.

What are the requirements for a valid will ?

The requirements for a valid will are not overly onerous.  The will must be made in writing, although any form of writing material will suffice if the will is legible.  When the person signs the will, two witnesses (with sufficient mental capacity) must be present.  To preclude the possibility of duress or undue influence on the person making the will, the persons witnessing the will cannot be due to inherit or benefit from the will (legally called ‘beneficiaries’).

When writing a will, what things should I consider ?

Wills are very flexible legal mechanisms of ensuring your intentions are enforceable after you die, and for this reason you can write almost anything you want.  Naturally, however, most people use wills to decide who will inherit portions of their estate and  in what amounts, appoint legal guardians for children under the age of 18 or incapacitated persons of any age, create trusts and give donations to charity.  You will also have to think about appointing a person(s) with adequate financial knowledge and intellectual capacity to carry out the wishes in your will (known as an executor), which could be a trusted friend or even an accountant or solicitors (perhaps particularly appropriate where the estate is very large or complex).  Whilst it is advisable to seek legal advice when creating your will, if you decide to make your  own, bear in mind the legal effect of the language you use.  The word ‘children’ for example can be legally taken to include both legitimate and illegitimate children.  As it can be seen, legal terminology does not always comply with your own intentions, so if you can, it is really best to seek advice.

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