A Helpful Explanation of the Terms Found in Lasting Powers of Attorney

A HELPFUL EXPLANATION OF THE TERMS FOUND IN LASTING POWERS OF ATTORNEY

We have seen a huge surge in the amount of new and returning clients instructing us in relation to Lasting Powers of Attorney. Sadly, in these days of increasing dementia diagnoses and care admissions many experts believe that entering into a Lasting Power of Attorney and regularly reviewing it is as important as having a valid Will in place. But completing the 20+ page document and then registering it at the Office of The Public Guardian can be daunting, and ensuring it is all done correctly even more so.

To ease some of this stress, we have compiled a glossary of terms found in Lasting Powers of Attorney documentation to provide an explanation of what it all means.

GLOSSARY OF TERMS

Attorney

The person or people appointed by you to act  on your behalf in the event that you are becoming or have become unable to manage your own financial or property affairs, or of making decisions about your own health and welfare.

Certificate Provider

This is a professional such as a solicitor or GP or someone over 18 that you have known for two years+. This person signs a Certificate to confirm that in their opinion the person who is entering into the Lasting Power of Attorney documents understands their purpose and the scope of the authority which is conferred under it. They are also confirming that no undue pressure or force was placed on that person and to their knowledge there is nothing preventing the creation of the Lasting Powers of Attorney.

Court of Protection

The Court or judicial body that deals with decisions and judgements regarding financial and welfare matters that affect vulnerable people under the Mental Capacity Act.

Donee

This is another term used for an Attorney.

Donor

The person making the Lasting Powers of Attorney and appointing others to act on their behalf.

Jointly or Jointly and Severally?

If you appoint two or more Attorneys to act Jointly then they must all act together. If one of them is unable or unwilling to act for any reason the documents are unusable. Joint and several means the Attorneys can act together or separately. This gives more flexibility and enables someone to act alone. You can specify that some decisions are to be made jointly and some can be made jointly and severally.

Person or Persons to be Notified

This section of the form is a relic from the days of the Enduring Powers of Attorney, when other members of the family had to be told of its creation. It isn’t necessary to do so but you can choose to notify up to five people of the registration of your Lasting Power of Attorney. They are given the opportunity to then raise any objections or concerns regarding your choice of Attorney. It is it is a safeguarding measure but no longer compulsory to do this section of the form.

If you need any help with your Lasting Power of Attorney application, you can contact our Amye Aris on amyearis@newleafsolicitors.co.uk or 01908 542 677.