Newcastle Solicitors

What is the difference between a General Power of Attorney & a Lasting power of attorney ?

A general power of attorney is commonly used where, for example, someone will be out of the country whilst important legal matters need to be attended to. Such a power is not really appropriate where there are concerns about an individual getting older and potentially becoming mentally incapable of dealing with his or her affairs. In such cases, the only appropriate way to proceed is with a lasting power of Attorney.

Am I required to tell anybody about an application to register a lasting power of attorney ?

Strictly speaking, no, but as you will need to obtain 2 certificate providers, in reality, certain individuals will need to know and it is always important to check that the attorneys you appoint are willing to take on the role.

What is the role of certificate providers for a Lasting Power of Attorney ?

A lasting power of Attorney must be endorsed by 2 certificate providers as a safety measure since they will need to be appropriate persons to confirm that at the time you wish to apply to register the Power you  :-

• Understood the nature and effect of what you were doing
• Have not been put under any pressure or inappropriate influence in the making of the LPA

What type of individuals are suitable certificate providers for a Lasting Power of Attorney ?

Either persons who have known you for at least 2 years or appropriate professionals such as Doctors or Solicitors. Family members are not appropriate people to ask .

When is the Lasting Power of Attorney effective ?

Only when registered with the Office of the Public Guardian and the fee paid of £120.00.