Personal Affairs Categories

Personal Affairs Help Guides

What is the role of a replacement attorney?
A replacement attorney is someone that the donor is permitted to appoint in an LPA, just in case the chosen primary attorney is unable or not willing to act on behalf of the donor. The donor does not have to appoint a replacement attorney, but if this has been done, it is important for the donor to indicate the circumstances when the replacement att...
What can an LPA not do on behalf of the donor?
The attorney is not permitted on a donor’s behalf to: consent to a marriage or civil partnership; consent to the granting of a decree of divorce based on a two-year separation; consent to the making of a dissolution order on the two-year separation of a civil partnership; consent to placing a donor’s child for adoption or consent to the adopting of...
What qualifications are required for an attorney?
The attorney has to be considered a capable adult. He or she cannot be the owner, operator or employee at a nursing home or other care facility where the donor resides....
Does the attorney need to be paid for carrying out the job?
An attorney is not seen as a paid appointment, so no payment is required, but it is legally possible to pay an attorney if the donor wishes. In some cases, a donor may appoint a solicitor to act as his or her attorney. In this case, normal solicitors' rates will apply....
Is the power of attorney valid once the donor has died?
No, the power of attorney is no longer valid once the donor dies....
Deed Poll Help Guide
So often, people live with names they either do not want to be associated with any more due to a marital or partnership break down, or simply because they do not like the name they were given at birth. As long as the motive for changing a name is not because it is intending to defraud a person or an organisation, anyone is welcome to go through this...
What is a power of attorney?
A power of attorney is a document in which one person (the donor) appoints another person (the attorney) to act for him or her.  There are two types of document: an ordinary power of attorney and a lasting power of attorney. An ordinary power of attorney is the document used when a donor appoints an attorney(s) to take care of property and financial...
Power of Attorney Help Guide
A power of attorney is a document that is drawn up when you (the "Donor") appoint someone (the "Attorney") to handle your affairs when you are unable to do so yourself. It is a way of being sure that the attorney you entrust to be in charge of all your affairs—ranging from paying bills to managing bank accounts—is formally appointed. You are most li...
What is the process for drawing up an LPA?
Once completion of the lasting power of attorney form has taken place, the donor will need to sign it. Also, witnesses, the appointed attorney and the certificate provider will need to add their signatures too. The LPA will then need to be registered, which could take at least 10 weeks. It is not until the registration is complete that the LPA becom...
Who can be appointed under a lasting power of attorney?
Generally, family members or trustworthy friends can be authorised to make decisions on the donor’s behalf. The lasting power of attorney (LPA) is first created and then registered with the Office of the Public Guardian....