Skip to content
Home » Blog » Lasting Power of Attorney

Lasting Power of Attorney

In your personal life there will come a time when you need to ensure your legal documents are in order. This means you will require a will, a living will, and other legal documents like power of attorney. The lasting power of attorney document template is just one document you might need for future use. The lasting power of attorney document is used when you might in the future need someone to act on your behalf. This person will make decisions based on your health and financial requirements. The grantee of the lasting power of attorney may be a family member, attorney, or other person you trust.

When the lasting power of attorney document is signed the nominated individual has been given the Power; however, they do not have the ability to exercise those powers. The only way the powers that were granted can be used is when a Court of Protection has endorsed the lasting power of attorney and confirmed that it may take effect.

In a lasting power of attorney the individual requiring the use of powers granted is considered incompetent to handle their affairs any longer. In other words they need the attorney or family member to make the decisions for them because they are unable to do so any longer. A lasting power of attorney is most often employed on older generations who have been found by a psychologist to be incompetent. A young person or any person that has suffered in an accident may also be declared incompetent to handle their affairs, in which case the court can grant the use of the lasting power of attorney. For instance, a person in a car accident who has been rendered unable to speak or think for themselves will need a lasting power of attorney. Another instance in which the lasting power of attorney may be used is for an individual committed to a psychiatric hospital.

A person with a mental disorder may be declared incompetent, at which time the courts may offer the granted power to be used by the power of attorney. However, if the individual recovers there is possibility of ending the lasting power of attorney with another court hearing. In this case a revocation of lasting power of attorney must be offered to the courts. A psychologist or medical professional would then have to agree that the individual is now competent to handle their affairs. The lasting power of attorney is in general not revoked, and certainly not easily.

Now that you understand what the document is and how it is used, you also know when it can be used. Any person, who wishes their affairs to be taken care of in the event they are unable to do so for reasons of health or mental health, can sign a lasting power of attorney. The individual must be found competent at the time of the document being signed. Furthermore, witnesses must bear witness to the signing of the document and the individual taking the power.

Our site offers a number of DIY documents for your use. The lasting power of attorney document template, like all document templates on our site was drafted by a solicitor. This ensures the documents are reliable in a court of law and definitely legal for use. Any questions about changes to be made should go through a solicitor. We offer the document in a general format to ensure its use by anyone who wishes it. The document template is easy to download, and use. Once signed and witnessed the power is granted, but it still takes the court proceedings to invoke the powers.