How to use this Lawpack Kit
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 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 LPA PFAs apply to
What LPA PFAs do not apply to
Who may be an Attorney
How many Attorneys?
Revocation of an LPA PFA
Using an LPA PFA
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 LPA HWs apply to
What LPA HWs do not apply to
Relationship with Living Wills (Advance Decisions)
Who may be an Attorney
How many Attorneys?
Revocation of an LPA HW
Using the LPA HW
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
Decisions to be made
Completing the official part of the LPA
Registration
Notification and objections
The Court
LPA Top Tips
General Powers of Attorney
Introduction
Scope and restrictions
Duration
Completing your General Power
Enduring Powers of Attorney
What is an Enduring Power of Attorney?
Registration of an EPA
Notification
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 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
Powers of Attorney in Scotland
What is a Power of Attorney?
Continuing and Welfare Powers of Attorney
The benefits of a Continuing Power of Attorney
Must the CPA or WPA be in a particular form?
When does the CPA or WPA become effective?
Who may be a Granter and make a CPA or WPA?
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 CPA
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 CPA or WPA
The Public Guardian
Where can I get more information about CPAs or WPAs?
General Powers of Attorney
Introduction
Scope and restrictions
Duration
Completing your General Power
For Scotland:
FORMAT The Kit is available in 2 formats:
Paper Power of Attorney Kit by post –includes loose-leaf General Power of Attorney Forms and online access to all other forms
WILL ARTICLES
Do you know what the number one mistake of Will writing is? Not making a Will at all! Recent research suggests that over half of all UK adults don’t have a Will. Don’t be one of them! Having decided to write a Will, the last thing you want is to make a mistake. Mistakes in Wills can have serious consequences that mean your wishes may not be effective. Although some mistakes can be rectified by a court, this may cost your friends and relatives in time and money. Read on for more information about how to make your Will and avoid making mistakes.
Category: Wills
As a parent, you don’t want to think about anything happening to you while your children are young. But it’s important that you do consider what would happen to your children if you died. You want to make sure that your children are protected and that your wishes will be carried out. If you don’t have a Will, the intestacy rules apply. But, why leave it to chance? It’s easy to make a Will and you can guarantee peace of mind for your family. Read on for all you need to know about protecting your children after your death.
Category: Wills
You can make your Will on any scrap of paper, but that doesn’t mean it’s a good idea! There are certain rules that you have to bear in mind when writing your Will so that it isn’t invalid. If you make a Will and it’s not legally valid, on your death your estate will be divided according to certain rules that may not be what you wanted. Take a look at this article for all the information you need about how to make sure your Will is valid...
Category: Wills
Are you and your partner are on the same page about how you will provide for your children should one of you die? If yes, can you just make one Will together? The short answer is no. There is no such thing as a joint Will because two people can’t make their Wills on one document. However, you can agree with your partner to dispose of your estate in exactly the same way. These are called Mirror Wills...
Category: Wills