Lasting Power of Attorney
A Lasting Power of Attorney template for use when creating a Court of Protection Attorney.
- Ensures that someone is in place to act should an individual be unable to do so for themselves.
- Easy to complete, form-style template.
- Solicitor drafted for peace of mind.
Lasting Power of Attorney Template
A Lasting Power of Attorney is a type of Power of Attorney that is used to nominate someone who, in the future, may act as an individual's Attorney with the power to manage their affairs and take decisions on their behalf. The type of decisions taken will be financial and property decisions as well as decisions relating to the welfare of the individual. The Attorney is nominated at the time that the Power is entered into but the Attorney shall not have the ability to exercise the powers granted to them under it until the matter has been referred to the Court of Protection and the Court has endorsed the Lasting Power of Attorney and confirmed that it may take effect. This will be when the individual is found to be mentally incapable of managing their own affairs.
To make a Lasting Power of Attorney you must be at least 18 years of age and have the required mental capacity to appoint an Attorney. The individual making the Lasting Power of Attorney is known as the Donor and the individual appointed to act on the Donor's behalf is known as the Attorney.
Types of Lasting Power of Attorney
There are two types of Lasting Power of Attorney. There is the Health and Welfare Lasting Power of Attorney and the Property and Financial Affairs Lasting Power of Attorney. In many situations it will be necessary to complete both types of Lasting Power of Attorney so that the Attorney can manage both the financial and property affairs and the welfare considerations of the Donor. Our Lasting Power of Attorney template contains both versions of the Lasting Power of Attorney so that you can use whichever is required, or both.
Using the Lasting Power of Attorney Template
When you have prepared your Lasting Power of Attorney, you should register it at the Office of the Public Guardian, so that it is valid. Then, when it is necessary to use it, your Attorney will need to apply to the Court of Protection to have it endorsed.
You can edit the document on-line and then print it off or save it to our on-line portal for your easy access in the future.
We also provide a General Power of Attorney template for appointing someone to manage your affairs whilst you still have the mental capacity to do so yourself. Our Deed of Revocation of Power of Attorney enables a Donor to terminate an attorney arrangement, provided that they have the mental capacity to do so.
To ensure that you are well informed on the uses and conditions for the various types of Power of Attorney, you should read our Guides to The Types of Power of Attorney and How to Create a Power of Attorney.