Personal Affairs Categories

Personal Affairs Help Guides

Is the power of attorney valid once the donor has died?
No, the power of attorney is no longer valid once the donor dies....
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....
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...
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...
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...
Does an attorney appointed for an LPA need to follow any principles?
The 2005 Mental Capacity Act outlines the principles which state that the donor is given the right to make any decisions and is assumed to have ability or capacity to make a decision unless proof is found to determine otherwise. The right is given to an individual to be supported when making decisions until a conclusion is reached saying he or she i...
What does 'lacking capacity' mean?
A donor demonstrates lack of capacity when he or she is no longer able to make a sound decision in relation to a matter due to impairment or a disturbance in the way the brain and mind appears to function....
What is the role of a certificate provider for an LPA?
There are two types of certificate providers for LPAs: a knowledge-based provider and a skill-based provider. A knowledge-based provider is a certificate provider who has known the donor for no less than two years. The second kind is a skill-based provider who has relevant professional skills and expertise, like a professional healthcare worker such...