Power of Attorney Kit cover image
ISBN: 9781906971489
Published: 2009
Edition: Sixth
Validity:
  England
  Wales
  Scotland


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Summary

Contents

Updates

Legal Changes: This Power of Attorney Kit has been updated to include the Lasting Power of Attorney law changes which occurred on 1st October 2009.

Lawpack's Power of Attorney Kit has all the power of attorney forms you need, from a a Lasting Power of Attorney to a General Power of Attorney. 

A Power of Attorney allows somebody to act on your behalf in times when you're unable to.

A Power of Attorney can be arranged, with no solicitor fees, by using our step-by-step Power of Attorney Kit.

This Kit is also available as a "Download Now" Power of Attorney eKit.

If you want to arrange a Power of Attorney in England, Wales or Scotland, this Kit contains all the legal forms and guidance that you need.

With this Power of Attorney Kit you can allow a relative or friend to be able to legally deal with your affairs.

What is A Power of Attorney?

As the population gets older, many of us find we need to give control of financial and legal matters to others.
And as more and more of us work abroad we find we need to give others the power to act on our behalf in certain matters.
A Power of Attorney is a legal document that allows this to be done.
A Power of Attorney could, for example, allow someone to sign cheques and letters for you if you were going abroad for a while.
Or, if you became seriously ill, your business and personal interests could be looked after by someone you trust… if you have prepared a Power of Attorney.

What Power of Attorney Forms are in the Power of Attorney Kit?

Lasting Power of Attorney (England & Wales).
This power of attorney form comes in two versions.
One power of attorney form gives someone the power to make decisions about your property and affairs.
The other power of attorney form gives someone the power to make decisions about your personal welfare.
The Lasting Power of Attorney Personal Welfare only takes effect when you become mentally incapable.

Continuing/Welfare Power of Attorney (Scotland).
These two power of attorney forms deal with financial affairs and personal welfare under Scottish Law.
The Welfare Power of Attorney only takes effect when you become mentally incapable.

General Power of Attorney (England & Wales and Scotland).
This is a straightforward general power of attorney form that allows you to appoint an Attorney to manage your affairs for specific periods or events (e.g. if you go abroad and need to entrust the management of your business interests to your spouse). Unlike the Lasting Power of Attorney, the General Power of Attorney ceases to take effect if you become mentally incapable.

Advance Medical Decision (England & Wales)/Living Will (Scotland).
This form sets out your personal wishes about medical treatments should you become ill in the future.

Make sure it's clear who you trust to handle your affairs with Lawpack's simple-to-complete Power of Attorney Kit.


 

 

Power of Attorney Kit Guidance manual contents:

Powers of Attorney in England & Wales

  • What is a Power of Attorney?
  • Using a Power of Attorney
  • Enduring Powers of Attorney
  • Lasting Powers of Attorney

Important Power of Attorney concepts

  • Capacity
  • 'Best interests'
  • Life-sustaining treatment
  • 'The five principles'
  • The Code of Practice

Lasting Powers of Attorney: Property and Financial Affairs

  • The Code of Practice
  • What Lasting Powers of Attorney Property and Financial Affairs apply to
  • What Lasting Powers of Attorney Property and Financial Affairs do not apply to
  • Who may be an Attorney
  • How many Attorneys?
  • Revocation of a Lasting Power of Attorney Property and Financial Affairs
  • Using the Lasting Power of Attorney Property and Financial Affairs
  • Duties
  • Accounts and records
  • Gifts
  • Trustees
  • Sale of property and Wills
  • Disclaiming

Lasting Powers of Attorney for Health and Welfare

  • The Code of Practice
  • What Lasting Powers of Attorney for Health and Welfare apply to
  • What Lasting Powers of Attorney for Health and Welfare do not apply to
  • Relationship with Living Wills (Advance Decisions)
  • Who may be an Attorney
  • How many Attorneys?
  • Revocation of a Lasting Power of Attorney for Health and Welfare
  • Using the Lasting Power of Attorney for Health and Welfare
  • Duties
  • Gifts
  • Disclaiming

The Forms

  • Completing the Lasting Power of Attorney Property and Financial Affairs and the Lasting Power of Attorney for Health and Welfare
  • The Information and the Notes
  • The checklist 
  • Part A – the Power – Property and Financial Affairs
  • Part A – the Power – Health and Welfare
  • Conditions and restrictions 
  • Charging 
  • Part B - Certificates
  • Part C - the Attorney’s statements
  • Registration 
  • Notification 
  • Objections 
  • The Court 30

General Powers of Attorney 

  • Introduction 
  • Scope and restrictions of a General Power of Attorney
  • Duration of a General Power of Attorney
  • Completing your General Power of Attorney

Enduring Powers of Attorney 

  • What is an Enduring Power of Attorney? 
  • Registration of an EPA 
  • Notification of an Enduring Power of Attorney
  • What if one or more of the Attorneys are also notifiable relatives? 
  • Notifying the Donor 
  • Is it always necessary to give notice to the Donor and/or to the relatives?
  • Who should give the notices if there is more than one Attorney? 
  • Who must apply? 
  • The EPA application form 
  • What if there is financial hardship? 
  • When must the application be made? 
  • Objections to the registration of the EPA 
  • Grounds on which objections may be raised 
  • Cancellation of registration 
  • Summary of the registration process 
  • Revocation of an Enduring Power of Attorney

Living Will (Advance Decisions) 

  • What is a Living Will? 
  • When a Living Will applies 
  • Withdrawing or revoking a Living Will 
  • Relationship with Lasting Powers of Attorney
  • The Living Will form
  • Communicating the decision 
  • The court
  • Reviewing and updating the Living Will

Powers of Attorney in Scotland 

  • What is a Scottish Power of Attorney? 
  • Continuing and Welfare Powers of Attorney
  • The benefits of a Continuing Power of Attorney 
  • Must the Continuing Power of Attorney or Welfare Power of Attorney be in a particular form? 
  • When does the CPA or WPA become effective? 
  • Who may be a Granter and make a Continuing Power of Attorney or Welfare Power of Attorney? 
  • What kind of authority can a Granter give in a CPA? 
  • What kind of authority can a Granter give in a WPA? 
  • Choosing your Attorney or Attorneys 
  • Restrictions 
  • Who may be an Attorney? 
  • What an Attorney cannot do under a Continuing Power of Attorney 
  • Standard of care 
  • Disclosure of conflict 
  • Confidentiality 
  • Accounts 
  • Compensation for work done as an Attorney 
  • Resigning the role of Attorney 
  • Completing the form of CPA or WPA 
  • The Certificate 
  • Application for registering the Continuing Power of Attorney or Welfare Power of Attorney
  • The Public Guardian
  • Where can I get more information about Continuing Powers of Attorney or Welfare Powers of Attorney?

Scottish General Powers of Attorney 

  • Introduction 
  • Scope and restrictions of a General Power of Attorney
  • Duration of a General Power of Attorney
  • Completing your General Power of Attorney

Scottish Living Wills 

  • Completing your Living Will/Advance Medical Directive 

Glossary 


Legal Power of Attorney Forms included:

Power of Attorney Forms for England & Wales

  • General Power of Attorney 
  • Living Will (Advance Decision)
  • Lasting Power of Attorney Property and Financial Affairs
  • Lasting Power of Attorney Health and Welfare
  • Notice of Intention to apply for registration of a Lasting Power of Attorney
  • Application to register Lasting Power of Attorney
  • Other useful Office of the Public Guardian forms and guidance notes

Power of Attorney Forms for Scotland

  • General Power of Attorney 
  • Living Will (Advance Medical Directive)
  • Continuing Power of Attorney
  • Welfare Power of Attorney
  • Certificate under Section 15(3)(C) of the Adults with Incapacity (Scotland) Act 2000 for CPA
  • Certificate under Section 16(3)(C) of the Adults with Incapacity (Scotland) Act 2000 for WPA
  • Application for Registration of a Continuing Power of Attorney or Welfare Power of Attorney
  • Other useful Office of the Public Guardian forms and guidance notes

 

Legal Changes: This Power of Attorney Kit has been updated to include the Lasting Power of Attorney law changes which occurred on 1st October 2009.


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