Governing Law

England



Frequently Asked Questions
Which Governing Law should I choose?A Power of Attorney is normally governed by the laws of the place where the power is intended to operate (e.g. the jurisdiction in which your Attorney will be exercising his or her authority). If you intend the Attorney's power to operate in more than one jurisdiction, you should probably create a separate document for each jurisdiction.What is a Power of Attorney?If you don’t have the mental capacity to make decisions for yourself, the Mental Capacity Act 2005 allows you to create a Power of Attorney which is a document in which one person (the principal) appoints another person (the Attorney) to act for him or her. There are many reasons why you might want to appoint someone else to look after your affairs.

For example, if you are going to be out of the country for a lengthy period of time, you might want someone to do your banking while you are gone. If you are approaching old age, you may want to give a Power of Attorney to a person you trust so that he or she can manage your property for you.

Type of Power of Attorney

What type of Power of Attorney do you wish to create?


Frequently Asked Questions
Difference between Ordinary and LastingAn Ordinary Power of Attorney is only valid as long as the principal is capable of acting for him or herself. An ordinary Power of Attorney will end automatically when the principal becomes mentally incapacitated or dies.

A Lasting Power of Attorney is intended to remain in force in the event that the principal later becomes mentally incompetent. Of course, the principal must be competent at the time the durable Power of Attorney is made. A lasting Power of Attorney ends automatically when the principal dies, or may be revoked at any time by notifying your Attorney in writing that the power is revoked (You should destroy the original Power of Attorney).
What is an LPA for Property?An LPA for Property and Affairs allows your Attorney to manage your property and affairs. This may include buying or selling your home, managing your investments or carrying on a business.An LPA for Personal Welfare allows your Attorney to make health and welfare decisions for you. This may include consenting to certain medical treatment or making decisions about where you live.

Create your Free Power of Attorney

Who is granting this Power of Attorney?
Mr













Frequently Asked Questions
Who is the Donor?The person who gives the authority can be referred to as a Donor, Grantor or Principal.

Attorney Details

This is the person who will act on the donor's behalf.

Who do you wish to act on your behalf?

Attorney Details

Mr












Frequently Asked Questions
The person appointed by the Donor is called the Attorney. The Attorney is the person who acts for the Donor.Who is the Property and Affairs Attorney?A Property and Affairs Attorney is the person the Donor chooses in an LPA to manage the Donor's property and finances.Your Attorney(s) has the following responsibilities:

  • to act in your best interest;
  • to keep accurate records of dealings/transactions undertaken on your behalf;
  • to act for you with the utmost good faith and to avoid situations where there is a conflict of interest; and
  • to keep your property and money separate from their own.

Replacement Attorney Details


Replacement Attorney Details

Mr












Attorney Powers






Notification



Frequently Asked Questions
Who should I choose to be notified in my LPA?You can choose anyone to be notified, however the people that you select should be people who know you very well (e.g. family and friends).How many people can I choose to be notified in my LPA?At the time you make your LPA, you can choose up to 4 people to be notified. It is best to name as many individuals as you can in case one or more of the individuals cannot be notified.

Certificate

A Certificate signed by a MEDICAL DOCTOR, SOLICITOR OR ADVOCATE must be included with your Power of Attorney. The certificate MUST BE SIGNED ON THE SAME DAY as your Power of Attorney.

Mr









Frequently Asked Questions
What is the Certificate Provider's Statement?The Certificate Provider's statement is set out in Part B of the LPA. Certificate Providers must read and discuss the contents of your LPA with you (preferably with no one else present). They must then certify that in their opinion you understand the purpose of the LPA and you understand the scope of authority that you are giving to your Attorney(s).Who can be a Certificate Provider?The Certificate Provider can be an individual who has known the Donor for at least two years or a skills-based Certificate Provider.

Date to Come Into Effect



The Applicant



The Correspondent








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