Liverpool Solicitors

What are the main differences between General and Lasting Power of Attorney ?

A general power of attorney is generally more appropriate when there are no current concerns about an individual’s mental faculties. The general power of attorney can be extremely narrowly drafted, giving authority perhaps for only one task, such as the signing of a contract while an individual is away, or very broad, giving effectively full legal authority to an attorney or attorneys.

The lasting power of attorney is intended as a more permanent way of providing for the situation where an individual may become mentally unable to deal with his or her own legal affairs and perhaps daily tasks. It can be revoked by the donor, just like the general power of attorney, whilst the individual still has sufficient mental clarity to make decisions for himself or herself.

What formalities are needed before applying to register a lasting power of attorney ?

You will need to obtain certification from 2 suitable individuals who will need to provide certain confirmations as a protection for the donor. They must confirm, at the time the application to register is to be made that the donor :-

• Understands the nature and effect of what he/she is doing
• Has not been put under any pressure or undue influence in making the LPA

Who are suitable certificate providers for a Lasting Power of Attorney ?

The person certificating will either need to have known the donor for at be a professional such as a Doctor or Solicitor. It will not be appropriate to ask family members.

When does a Lasting Power of Attorney effective ?

Only when it has been registered with the Office of the Public Guardian and when the appropriate cout fee has been paid.