by Saqib Khan | Mar 11, 2023 | Powers of Attorney, Wills
A power of attorney is a legal document that allows someone else to make decisions and take actions on your behalf. This can be useful if you become unable to make decisions for yourself, for example, due to illness or injury. In this blog post, we will explore the different types of powers of attorney and their uses.
The three types of powers of attorney are:
- Ordinary Power of Attorney
- Lasting Power of Attorney (LPA)
- Enduring Power of Attorney (EPA)
An Ordinary Power of Attorney is a legal document that allows someone to act on your behalf for a specific time period, such as while you are abroad. It can be used to manage your finances, such as paying bills, selling property, and managing investments. An Ordinary Power of Attorney is only valid while you have the mental capacity to make decisions for yourself.
A Lasting Power of Attorney (LPA) is a legal document that allows someone to make decisions on your behalf if you become unable to make decisions for yourself due to illness, injury, or mental incapacity. There are two types of LPA: Property and Financial Affairs LPA and Health and Welfare LPA. The former allows the appointed person to make decisions about your finances and property, while the latter allows them to make decisions about your health and welfare, such as where you live and what medical treatment you receive.
An Enduring Power of Attorney (EPA) was a legal document that allowed someone to manage your finances if you became unable to do so. However, EPAs are no longer valid as they were replaced by LPAs in 2007. If you made an EPA before 1 October 2007, it will still be valid.
To create a power of attorney, you must be over 18 and have the mental capacity to make decisions for yourself. You must also choose someone you trust to act as your attorney. This can be a family member, friend, or a professional such as a solicitor.
To create an LPA, you must register it with the Office of the Public Guardian (OPG). The registration process can take up to 10 weeks. You can register an LPA while you still have mental capacity, but it cannot be used until you lose mental capacity.
It is important to choose your attorney carefully and ensure that they understand your wishes and preferences. You should also review your power of attorney regularly to ensure that it still reflects your wishes and circumstances.
In conclusion, a power of attorney can be a valuable tool to ensure that your affairs are managed if you become unable to make decisions for yourself. There are different types of powers of attorney, and it is important to choose the right one for your circumstances. It is also important to choose your attorney carefully and keep your power of attorney up to date.
If you need help creating a power of attorney, call Georgina Hardman on 0161 850 9911.
by Saqib Khan | Feb 2, 2023 | Conveyancing, Powers of Attorney, Wills
If you own a house with your partner but are unmarried in the UK, it’s important to protect your interests and ensure that you have legal rights to the property. Here are some steps you can take:
- Get a cohabitation agreement: A cohabitation agreement is a legal document that sets out how you and your partner will manage your joint assets, including the house. It can outline who owns what percentage of the property, how bills and expenses will be divided, and what will happen if you separate. Having this agreement in place can help to prevent disputes and ensure that you are both protected.
- Register your ownership: If the property is registered with the Land Registry, make sure that both you and your partner are listed as owners. You can choose to hold the property as either joint tenants or tenants in common. As joint tenants, you both own the property equally and if one of you dies, the other automatically inherits their share. As tenants in common, you each own a specific share of the property and can pass it on to whoever you choose in your will.
- Consider taking out a mortgage jointly: If you are both contributing to the mortgage, it’s a good idea to have both of your names on the mortgage agreement. This will ensure that you both have a legal right to the property and will be responsible for the mortgage payments.
- Keep records of your financial contributions: If one of you is contributing more to the mortgage or other household expenses, keep detailed records of this. This can help to prove your financial stake in the property if there is a dispute later on.
- Seek legal advice: If you are unsure about your legal rights and how to protect them, it’s a good idea to seek legal advice from a solicitor who specializes in property law. They can help you to understand your options and draft a cohabitation agreement that meets your needs.i
If you would like to discuss any of the above, please telephone Georgina Hardman in our wills department on 0161 850 9911 to discuss further.
by Saqib Khan | Sep 14, 2022 | Powers of Attorney
A power of attorney is a legal document that allows someone else to make decisions and take actions on your behalf.
This can be useful if you become unable to make decisions for yourself, for example, due to illness or injury. In this blog post, we will explore the different types of powers of attorney and their uses.
The three types of powers of attorney are:
- Ordinary Power of Attorney;
- Lasting Power of Attorney (LPA); and
- Enduring Power of Attorney (EPA).
An Ordinary Power of Attorney is a legal document that allows someone to act on your behalf for a specific time period, such as while you are abroad. It can be used to manage your finances, such as paying bills, selling property, and managing investments. An Ordinary Power of Attorney is only valid while you have the mental capacity to make decisions for yourself.
A Lasting Power of Attorney (LPA) is a legal document that allows someone to make decisions on your behalf if you become unable to make decisions for yourself due to illness, injury, or mental incapacity. There are two types of LPA: Property and Financial Affairs LPA and Health and Welfare LPA. The former allows the appointed person to make decisions about your finances and property, while the latter allows them to make decisions about your health and welfare, such as where you live and what medical treatment you receive.
An Enduring Power of Attorney (EPA) was a legal document that allowed someone to manage your finances if you became unable to do so. However, EPAs are no longer valid as they were replaced by LPAs in 2007. If you made an EPA before 1 October 2007, it will still be valid.
To create a power of attorney, you must be over 18 and have the mental capacity to make decisions for yourself. You must also choose someone you trust to act as your attorney. This can be a family member, friend, or a professional such as a solicitor.
To create an LPA, you must register it with the Office of the Public Guardian (OPG). The registration process can take up to 10 weeks. You can register an LPA while you still have mental capacity, but it cannot be used until you lose mental capacity.
It is important to choose your attorney carefully and ensure that they understand your wishes and preferences. You should also review your power of attorney regularly to ensure that it still reflects your wishes and circumstances.
In conclusion, a power of attorney can be a valuable tool to ensure that your affairs are managed if you become unable to make decisions for yourself. There are different types of powers of attorney, and it is important to choose the right one for your circumstances. It is also important to choose your attorney carefully and keep your power of attorney up to date. If you need help creating a power of attorney, call us to speak to someone today.
Call one of our Will Specialists on 0161 850 9911 now.
