As the population gets older, more and more people find they need to give control of financial and legal matters to others close to them. A Power of Attorney is a legal document that allows this to be done. You could, for example, use one to 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.

If you want a relative or friend to be able to legally deal with your affairs, this Kit contains all the forms you need, both on paper and on a free CD-Rom. It can help you create the following:

»  Lasting Power of Attorney (England & Wales).

This document comes in two versions. One form that gives someone the power to make decisions about your property and affairs, and the other form 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 versions also deal with financial affairs and personal welfare. 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 authorisation 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, it 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.

This Kit is valid in England & Wales, and Scotland.

About the Author

Richard Dew is a barrister at Ten Old Square, London. He specialises in advising and representing people in matters concerning their personal wealth and affairs, including their Wills, trusts, probate and inheritance. He has contributed to a number of books on the subjects of inheritance tax planning and on the law of mental capacity.

Guidance manual contents:

Important concepts
-  Capacity
-  Best interests
-  Life-sustaining treatment
-  The Code of Practice
Lasting Powers of Attorney Property and Affairs/ Lasting Powers of Attorney Personal Welfare
-  Using an LPA
-  What does an LPA apply to?
-  What does an LPA not apply to?
-  Who may be an Attorney
-  Can the Attorney charge?
-  How many Attorneys?
-  Duties of Attorneys
-  Accounts and records
-  Gifts
-  Trustees
-  Replacement Attorneys
-  Disclaiming the role of Attorney
-  Revocation of an LPA
-  The Court of Protection
-  Completing the LPA form
-  Registration
-  Notification
-  Certificates
-  Fees
-  Objections
General Powers of Attorney
-  Scope and restrictions
-  Duration  
-  Completing a General Power
Enduring Powers of Attorney
-  Summary of the registration process
-  Notification
-  Revocation
-  With equivalent sections for Scotland
Advance Medical Decision/Living Will
-  Glossary

For England & Wales:
Enduring Power of Attorney - 1 copy
General Power of Attorney - 1 copy

For Scotland:
Continuing Power of Attorney - 1 copy
Welfare Power of Attorney - 1 copy
General Power of Attorney - 1 copy
Certificate under Section 15(3)(C) of the Adults with Incapacity (Scotland) Act 2000 for CPA - 1 copy
Certificate under Section 16(3)(C) of the Adults with Incapacity (Scotland) Act 2000 for WPA - 1 copy
Application for Registration of a Continuing Power of Attorney or Welfare Power of Attorney - 1 copy

Free CD contains:

Power of Attorney forms
Enduring Power of Attorney registration forms