Power Of Attorney

Getting a Power of Attorney is a reassurance that in case you are unable to make your decisions in the future for whatever reason, there is someone trusted out there who will do that for you. The legalities of getting a POA might sound daunting. However, it doesn’t have to be. Sunrise Solicitors UK believes in making legal matters easy and accessible for everyone. To learn more about the process, book your free consultation today with Sunrise Solicitors.  

What is the Power of Attorney, and Why Do You Need One?  

A POA is a legal document that grants someone the authority to make decisions on their behalf. This can include financial, legal, and healthcare matters. In the UK, the most common types are the LPA for managing affairs if you lose mental capacity and the EPA, which is now only valid for financial matters.  

Why Do You Need a Power of Attorney?  

• A POA guarantees your affairs are managed if you are unable to do so yourself due to illness or incapacity.   
• A Property and Financial Affairs LPA allows for the continued management of your financial obligations without court intervention.  
• The Health and Welfare LPA grants your attorney the power to make medical decisions for you if you become incapacitated. 
• Having a POA in place gives you and your family confidence that decisions will be made by someone you trust without the need for legal intervention.  

How to Set up a Power of Attorney?  

Usually, when people talk about hiring a POA, they are referring to LPA. The process of setting up one is as follows:  

Choose a Trusted Person 

It is advisable to appoint someone you trust to manage your finances and other legal affairs. You can also set up more than one attorney. 

Fill Out Forms 

Next, you need to sign the necessary forms. You can do that online or with the assistance of a solicitor. These forms are vital in the legalisation of your POA.  

Register the POA 

The final step is to register your POA with the Office of the Public Guardian (OPG). Registration typically takes around 8 to 10 weeks unless there is some issue with the documents.  

At any point, you can choose to cancel the POA if you no longer require one or in case you want to appoint another one.  

The cost of registering an LPA is £82.  

Types of Power of Attorney?  

There are three main types of POA:  

• Lasting Power of Attorney (LPA) 
• Enduring Power of Attorney (EPA) 
• Ordinary Power of Attorney  

 You can establish multiple powers of attorney, but if you’re concerned about a time when you may lose mental capacity, the LPA is the one you need.  

What is LPA?  

There are two types of LPAs. One is for financial decisions, and the other one is for health and care decisions. You can set up both types of LPAs if necessary.  

•   Health and care LPA: This can only be used if you lose mental capacity.  
•   Financial LPA: This can be used while you still have mental capacity according to the Mental Capacity Act 2005, if you specify that option when creating it.  
•   An LPA isn’t permanent. If you still have mental capacity, you can cancel it at any time by submitting the original LPA document along with a “deed of revocation” to the Office of the     Public Guardian.  

What is an Enduring Power of Attorney (EPA)?  

Enduring Power of Attorney (EPA) is an official paper that enables another individual to manage your finances. In case an EPA had been organised prior to the date 1 October 2007, the arrangements still take place.  

Nevertheless, it has now become inapplicable to write a fresh EPA, given the fact that LPAs supersede EPAs.  

Ordinary Power of Attorney  

Ordinary Power of Attorney is a document that allows another individual to make financial decisions for you. However, it only takes effect when you are still capable of thinking.  

An OPA can prove useful if you need temporary assistance with dealing with your money, for example, when in a hospital or on vacation. It might also be beneficial if you struggle to access facilities like your post office or bank and need someone to act on your behalf.   

The authority of an OPA can be limited so that you can determine the limits within which the given powers are effective. For instance, you can permit your attorney to handle your bank account but no other matters, such as handling property.  

How Commissioners of Oaths Ensure Legal Validity  

It is essential to ensure the validity of legal documents while processing the LPA registration; hence, the role of commissioners of an oath arises.   

The legal responsibilities of a commissioner of oath include checking the validity of the legal documents provided and witnessing the signatures of donors and attorneys. Besides, they need to confirm that the donor has a complete understanding of the implications of LPA and is not pressured into signing. This whole process adds another layer of scrutiny and ultimately rules out the possibility of any potential fraud.   

Power of Attorney Services we Offer at Sunrise Solicitors UK  

At Sunrise Solicitors, we specialise in providing comprehensive Power of Attorney services. 

Drafting Your General Power of Attorney  

Our legal experts at Sunrise Solicitors make sure that the General power of attorney is drafted tailored to your requisites, awarding your attorney clear authority to carry out certain tasks, including:  

• Handling bank accounts and bill payments  
• Signing documents and handling property transactions  
• Our solicitors will guide you through the process, ensuring that the document is legally sound and tailored to your specific needs.  

Witnessing and Certification by Our Commissioners  

At Sunrise Solicitors UK, our Commissioners of Oaths are authorised to witness your signature and certify that you understand the document’s implications. Our witnessing and certification services provide an added layer of protection, ensuring compliance with all legal requirements and safeguarding your interests.  

Cost and Fee 

Before you set up a POA, you must know how much charges and fees it will cost you. The cost of registration an LPA is £82. Sunrise Solicitors charge a minimum fixed fee of £200 + VAT and alternatively, the fixed fee from £200 + VAT to £400 + VAT, subject to the complexity of matter.    

Why Choose Sunrise Solicitors for Power of Attorney?  

Sunrise Solicitors is one of the top-notch legal service providers in the UK. Our authorised commissioners of oath will not only witness signatures and certify documents. However, they will also ensure that the donor fully understands the document’s implications and is not pressured in any way. We make sure the process runs smoothly, and the client enjoys their peace of mind.  

Another reason that makes us your best pick is the affordable and fixed fee service. This means there will be no hidden charges.   

Frequently Asked Questions 

 Related FAQs 

Do I Need a Commissioner of Oaths for My POA?  

In the United Kingdom, the signing of a Power of Attorney (POA) does not require a Commissioner of Oaths. But still, the witness, who in this case could be a non-relative or named attorney, is required to witness the signing as well as they have attested to the signature. In Lasting Powers of Attorneys (LPA), the certificate provider, who would include the mental capacity of the donor at the time of signature, is required to be present.  

How Long Does LPA Registration Take?  

The registration of a Lasting Power of Attorney (LPA) typically takes 8 to 10 weeks. This duration is subject to the complexity of the application and whether any issues arise during the registration process.  

Can I Set Up an LPA Without a Solicitor?  

Yes, you can set up a Lasting Power of Attorney (LPA) without a solicitor. The process involves completing forms available through the Office of the Public Guardian and having them witnessed. While it is not legally required to have a solicitor, professional advice may be beneficial to ensure the document is valid and suits your needs.  

How Long Does It Take to Register a Lasting Power of Attorney?  

The process of registering an LPA generally takes 8 to 10 weeks from the submission of the forms to the Office of the Public Guardian. Delays may occur if there are issues with the application, such as missing signatures or required information.  

Can I Use a POA Abroad?  

A Power of Attorney (POA) may be used abroad, though its acceptance depends on the jurisdiction in which it is intended to be used. It may be necessary to have the document notarised, legalised, or translated to comply with foreign legal requirements. Consulting local legal advice is recommended before attempting to use the POA outside the UK.  

What If I Don’t Have the Mental Capacity Yet?  

If an individual does not currently have mental capacity, they cannot create a Lasting Power of Attorney (LPA). If mental capacity is lost after an LPA is created, the document remains valid, assuming it was signed when the individual had the necessary capacity.