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Setting up a power of attorney in England and Wales

December 01, 2023β€’3 min read

Powering Through: A Guide to Setting Up a Power of Attorney in England and Wales

Introduction

Hey there! Are you looking to set up a power of attorney in England and Wales but feel like you're trying to solve a Rubik's cube in the dark? Fear not! We've got your back with this easy-peasy guide that'll walk you through the whole process. Setting up a power of attorney can be as smooth as a hot knife through butter if you know the ropes. So, let's roll up our sleeves and dive in!

8 Reasons

Blast Off with Granny: Embracing Adventure and Power of Attorney Preparedness!

What's a Power of Attorney, Anyway?

Before we jump into the nitty-gritty, let's clear the air about what a power of attorney (POA) actually is. Simply put, it's a legal document where you (the 'donor') give someone else (the 'attorney') the power to make decisions on your behalf. This could be about your finances, health, or even what Netflix series to binge on – just kidding about that last one!

The Nuts and Bolts of Setting It Up

Setting up a power of attorney in England and Wales isn't rocket science, but there are a few steps you need to follow to make sure it's done right.

Choose Your Trusty Sidekick Wisely

  • Who's Your Buddy? The first step is choosing who you want as your attorney. It's like picking your Player 2 in a video game – choose someone you trust!

The Different Flavors of POA

  • Ordinary POA: This is for temporary situations. Maybe you're out of the country, and someone needs to handle your bills. It's like giving someone the remote control until you're back on the sofa.

  • Lasting POA (LPA): This is the big kahuna. It kicks in if you lose the ability to make decisions for yourself. There are two types:

    • Health and Welfare LPA: This covers health care and daily routine.

    • Property and Financial Affairs LPA: This one's all about the moolah – managing your bank accounts, paying bills, and even selling your house.

Gettin' Down to Business: Filling Out the Forms

  • Paperwork, Ahoy! You'll need to fill out the relevant forms from the Office of the Public Guardian. It's like filling out a tax return, but less groan-inducing.

The Magic of Witnesses and Signatures

  • Dotting the I's and Crossing the T's: Your POA needs to be signed by you, your chosen attorney, and a witness. It's like a mini signing party!

Register, or It Doesn't Count!

  • Making It Official: You must register your POA with the Office of the Public Guardian. It's like sending a letter to Hogwarts – it has to get there to work!

Common Missteps and How to Dodge Them

  • Procrastination Station: Don’t wait until it’s too late. Setting up a power of attorney is like packing an umbrella – better to have it and not need it, than need it and not have it.

  • The Lone Wolf Syndrome: Don’t try to do everything solo. Get advice from a legal beagle (lawyer) if you can.

FAQs - Your Burning Questions Answered!

  1. How much does it cost to set up a power of attorney?

    • It's not free, but it won't break the bank either. There's a fee for registering each LPA. Sometimes, there's a discount if you're setting up both types.

  2. How long does the process take?

    • It's not instant like a microwave meal. It usually takes a few weeks to a couple of months to get everything sorted.

  3. Can I change my mind after setting up a POA?

    • Absolutely! As long as you've still got your marbles, you can amend or cancel your POA.

Conclusion

Setting up a power of attorney in England and Wales is like putting on a life jacket before you sail. It might seem like a bit of a hassle, but it's a lifesaver when you need it. With this guide, you're well-equipped to tackle the process head-on. So, go on, take the plunge, and get your POA sorted. You'll thank yourself later!


Power of AttorneyLegal PlanningElderly CareMental Capacity ActEstate PlanningEnduring Power of Attorney
As a dynamic and insightful estate planner, Gary Stevenson offers fresh, tailored solutions for managing and securing family legacies. With a degree in financial law and a keen understanding of the modern complexities in estate planning, Gary equips clients across the UK with the tools they need for peace of mind about their future. Certified by the Society of Trust and Estate Practitioners (STEP), he is committed to transparency and education, ensuring clients are fully informed and comfortable with their estate planning choices. When not devising comprehensive estate strategies, Gary enjoys urban photography and exploring innovative tech trends.

Gary Stevenson

As a dynamic and insightful estate planner, Gary Stevenson offers fresh, tailored solutions for managing and securing family legacies. With a degree in financial law and a keen understanding of the modern complexities in estate planning, Gary equips clients across the UK with the tools they need for peace of mind about their future. Certified by the Society of Trust and Estate Practitioners (STEP), he is committed to transparency and education, ensuring clients are fully informed and comfortable with their estate planning choices. When not devising comprehensive estate strategies, Gary enjoys urban photography and exploring innovative tech trends.

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