Why You Should Think About Making a General Power of Attorney

WINTERBORNE LEGAL SERVICES

Contact us on 01380 424808 or Email: enquiries@winterbornelegal.co.uk

Don’t have a Lasting Power of Attorney?

A cold day in Wemouth

You may already be aware of the benefit of having a Lasting Power of Attorney in place, so that the person you have chosen can make decisions for you if you are no longer able to make them yourself.

That person can also make decisions for you and sign documents relating to your property and finances whilst you are still able to make decisions. 

If you are vulnerable and self-isolating, you have probably already given some thought to creating a Lasting Power of Attorney when the situation improves.

Or maybe you had already started the process and your application to register your Lasting Power of Attorney is with the Office of the Public Guardian.

The Office of the Public Guardian aims, under usual circumstances, to process applications to register Lasting Powers of Attorney within 40 days.  However, they too are working in the new way of reduced staff in the office and it is taking longer for Lasting Powers of Attorney to be registered and returned to the person who needs them.

If you want to a create Lasting Power of Attorney but haven’t yet created one, you are facing additional difficulties.   You will need somebody to witness your signature, you will need a Certificate Provider who can talk to you about your understanding of the Lasting Power of Attorney, and the people you have chosen to help you (your Attorneys) will also need to have their signatures witnessed.

You are not likely to be able to get all of these people together at the same time for one person to witness of all the necessary signatures and, even if you could, social distancing rules make this a very significant problem.  Meanwhile, time is passing and financial matters that need to be dealt with are having to wait causing worry and distress. 

.So what is the answer? 

General Power of Attorney

A General Power of Attorney is a simpler, more straightforward, document, and offers a solution for those people waiting for their Lasting Power of Attorney to be registered.

Like a Lasting Power of Attorney, a General Power of Attorney can only be created by someone who has capacity.  Unlike a Lasting Power of Attorney, it is only valid whilst the person who created it has mental capacity.  If capacity is lost, the General Power of Attorney can no longer be used.

If you need somebody to make decisions for you straight away, because you are waiting for your Lasting Power of Attorney to be registered, a General Power of Attorney provides a helpful document to tide you over.

  • Firstly, it is simple and straightforward to create.  It doesn’t contain lots of terms you are not familiar with;
  • Secondly, the only people who need to sign the General Power of Attorney are the person creating it and the witness to their signature.  There is no requirement for your Attorneys to sign.
  • Thirdly, there is no Certificate Provider. 
  • Fourthly, a General Power of Attorney does not need to be registered with the Office of the Public Guardian.

If you have created a Lasting Power of Attorney and need cover for a temporary period whilst you wait for it to come back from the Office of the Public Guardian, a General Power of Attorney could be the answer you are looking for.

If you have not yet created a Lasting Power of Attorney and want to do so, it is still possible.  If you would like to have a free, no obligation, chat about how we can help, so you can relax and stop worrying, give us a call on 01308 424808 or email me at : enquiries@winterbornelegal.co.uk

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