Powers of Attorney
Powers of Attorney have been available under English Law for a great many years, often used to cover one-off transactions whilst, say, a client is abroad and wishes someone in the UK to be able to handle a property matter and sign documents. Parliament has in recent decades passed legislation to bring into use more specialised types of Powers of Attorney, generally relied upon by older clients who are concerned to put in place a fully binding arrangement to enable a third party to handle a broad range of issues for them. This is especially useful in the event of a loss of capacity (whether for physical or mental reasons) arising at a future point in time. Previously known as Enduring Powers of Attorney, the current specialised procedure for the handling of general matters, introduced in October 2007, is known as a Lasting Power of Attorney (LPA).
The formal titles of these documents – Property & Affairs LPA and Health and Welfare LPA – largely explain their purpose and function. Halsalls has been at the forefront of guiding its clients since their introduction, both in identifying circumstances in which they can aid clients in having their affairs properly managed by persons who are trustworthy, as to all options that must be considered in preparing them. We will in every case give experienced advice as to safeguards available when making an LPA, setting the limits of authority to be given to the chosen attorney, preparing the necessary documents and acting as the "certificate provider" in completing them, and also dealing with their registration through what is known as the Office of the Public Guardian. Our procedures are streamlined with a view to having formal authority in place and ready to use with a minimum of delay.