Power of Attorney UK – Birmingham
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There are many different legal terms that you might come across in UK executry law. One of these terms would be power of attorney UK. If you just take the term phrase on its face, it would seem to suggest that this particular piece of authorization would refer to the authorities and powers granted by the state to people who have passed the bar and become practicing solicitors or barristers under UK law. Of course, this is not the case. The power of attorney UK is actually a written authorization made by one person in favour of another and it appoints this person to look after the affairs of the one who wrote it in their absence.
To give you a clearer picture of what this means. It is basically like allowing someone else to act as if they were you for the purpose of accomplishing some specific tasks or for the general purpose of managing all of your affairs in your absence. It all depends on the type of power of attorney UK that you have granted upon the particular individual.
Types of Powers of Attorney UK
There are two main types of this particular legal document under UK executry laws and they are the LPA (lasting power of attorney) and the EPA (enduring power of attorney). From a pragmatic standpoint however, the EPA is no longer in use. It was replaced by the LPA back in October of 2007. The LPA is generally superior in every way over the EPA and this is the legal document that you will want your solicitor to draft for you.
The LPA is further subdivided into the health and welfare LPA, the property and financial affairs LPA, or an LPA that covers everything including health, welfare, finances, and property.
What Is Covered By A Property and Financial Affairs LPA?
The property and financial affairs LPA covers all your financial affairs and decisions as well as your property. The financial affairs LPA is effective whether you have the capacity to manage your own affairs or not. Depending on the actual stipulations, or what is actually written inside the LPA, the property and financial affairs LPA may allow an attorney to make full or partial decisions pertaining to your property and financial affairs.
What About A Health and Welfare LPA?
Fortunately, the health and welfare LPA is pretty self-explanatory. This type of LPA appoints an attorney and cloaks them with the authority of making decisions in your favour as to your healthcare and welfare.
Registration Is Required for power of attorney UK
Naturally, both types of LPA require registration in order to be effective. An LPA is registered with the office of the public guardian. Your executry lawyer of choice can handle this part for you.
Requisites Of Making An LPA
In order for the appointed attorney to be recognized as valid by law, it is required that the person who makes the LPA is certified to have the mental capacity to do so. Furthermore, an LPA may be invalidated if it is found that the person who executed it did so under threat or was defrauded into making the LPA.
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