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Power of Attorney
Richard Dew; Neill Clerk & Murray
Solicitor-approved Kit providing access to Lasting Power of Attorney forms and Continuing Power of Attorney forms.
Format helpAvailable Formats
Published: 2012
A Power of Attorney allows a relative or friend to be able to legally deal with your affairs. Lawpack’s step-by-step Kit helps you to arrange one yourself without solicitor fees.
Valid in England & Wales or Scotland, this Lawpack Kit shows you how to make:
- A Lasting Power of Attorney (or a Continuing/Welfare Power of Attorney in Scotland), which lets someone make decisions about your property and personal welfare
- A General Power (GPA), which allows you to appoint someone to manage your affairs for specific periods or events
- An Advance Medical Decision (Living Will in Scotland) which sets out your personal wishes about medical treatments should you become ill in the future
Regularly checked and updated by solicitors, our Kit contains clear, step-by-step guidance and includes expert advice on how to complete the forms.
Expert, jargon-free guidance is given on:
- The circumstances in which you might use Lasting Powers of Attorney forms, and how to complete them
- How to make a General Power
- How to record your wishes on future medical treatment in an Advance Medical Decision
- How to appoint an Attorney, what their duties are, and how long the power remains in force
- How to make Continuing, General and Welfare Powers of Attorney in Scotland
- How to make Living Wills in Scotland
- Registering an existing Enduring Power of Attorney if the Donor becomes mentally incapable
Template GPA and Living Will forms are provided in both versions of our Kit (paper Kit and downloadable eKit).
The Lasting Power of Attorney forms are not included in the paper Kit, but easy online access is provided to all the LPA forms. The Lasting Power of Attorney forms, however, are included in our "Download Now" eKit.
The contents of this Kit have been approved by Richard Dew of Ten Old Square, Lincoln’s Inn, under English law and by Neill, Clerk & Murray, solicitors, under Scottish law.
What is a power of attorney?
As the population gets older, many of us find we need to give control of financial and legal matters to others.
And as more and more of us work abroad we find we need to give others the power to act on our behalf in certain matters.
A Power of Attorney is a legal document that allows this to be done.
It could, for example, allow someone to sign cheques and letters for you if you were going abroad for a while.
Or, if you became seriously ill, your business and personal interests could be looked after by someone you trust.
What power of attorney forms are needed?
Lasting Power of Attorney forms - England & Wales
The LPA comes in two versions:
- The LPA Property and Financial Affairs gives someone the power to make decisions about your property and affairs.
- The LPA Health and Welfare gives someone the power to make decisions about your personal welfare. This form only takes effect when you become mentally incapable.
Continuing/Welfare Power of Attorney forms - Scotland
These two power of attorney forms for Scotland deal with financial affairs and personal welfare under Scottish Law.
The WPA only takes effect when you become mentally incapable.
General Power form - England & Wales and Scotland
This is a straightforward GPA form for making a power of attorney in Scotland. It allows you to appoint an Attorney to manage your affairs for specific periods or events (e.g. if you go abroad and need to entrust the management of your business interests to your spouse). Unlike the LPA, this form ceases to take effect if you become mentally incapable.
Advance Medical Decision form - England & Wales / Living Will - Scotland
An Advance Medial Decision/Living Will sets out your personal wishes about medical treatments should you become ill in the future.
Make sure it's clear who you trust to handle your affairs with Lawpack's simple-to-complete Kit.
More information on powers of attorney:
External information:
Guidance manual contents:
England & Wales
- What is a Power of Attorney?
- Using a Power of Attorney
- Enduring Powers of Attorney
- Lasting Powers of Attorney
Important concepts
- Capacity
- 'Best interests'
- Life-sustaining treatment
- 'The five principles'
- The Code of Practice
LPA: Property and Financial Affairs
- The Code of Practice
- What LPA Property and Financial Affairs apply to
- What LPA Property and Financial Affairs do not apply to
- Who may be an Attorney
- How many Attorneys?
- Revocation of a LPA Property and Financial Affairs
- Using the LPA Property and Financial Affairs
- Duties
- Accounts and records
- Gifts
- Trustees
- Sale of property and Wills
- Disclaiming
LPA: Health and Welfare
- The Code of Practice
- What LPA for Health and Welfare apply to
- What LPA for Health and Welfare do not apply to
- Relationship with Living Wills (Advance Decisions)
- Who may be an Attorney
- How many Attorneys?
- Revocation of a LPA for Health and Welfare
- Using the LPA for Health and Welfare
- Duties
- Gifts
- Disclaiming
The Forms
- Completing the LPA Property and Financial Affairs and the LPA for Health and Welfare
- The Information and the Notes
- The checklist
- Part A – the Power – Property and Financial Affairs
- Part A – the Power – Health and Welfare
- Conditions and restrictions
- Charging
- Part B - Certificates
- Part C - the Attorney’s statements
- Registration
- Notification
- Objections
- The Court
General Powers of Attorney
- Introduction
- Scope and restrictions of a GPA
- Duration of a GPA
- Completing your GPA
Enduring Powers of Attorney
- What is an EPA?
- Registration of an EPA
- Notification of an EPA
- What if one or more of the Attorneys are also notifiable relatives?
- Notifying the Donor
- Is it always necessary to give notice to the Donor and/or to the relatives?
- Who should give the notices if there is more than one Attorney?
- Who must apply?
- The EPA application form
- What if there is financial hardship?
- When must the application be made?
- Objections to the registration of the EPA
- Grounds on which objections may be raised
- Cancellation of registration
- Summary of the registration process
- Revocation of an EPA
Living Will (Advance Decisions)
- What is a Living Will?
- When a Living Will applies
- Withdrawing or revoking a Living Will
- Relationship with the LPA
- The Living Will form
- Communicating the decision
- The Court
- Reviewing and updating the Living Will
Scotland
- What is a Scottish Power of Attorney?
- Continuing and Welfare Powers of Attorney
- The benefits of a CPA
- Must the CPA or WPA be in a particular form?
- When does the CPA or WPA become effective?
- Who may be a Granter and make a CPA or WPA?
- What kind of authority can a Granter give in a CPA?
- What kind of authority can a Granter give in a WPA?
- Choosing your Attorney or Attorneys
- Restrictions
- Who may be an Attorney?
- What an Attorney cannot do under a CPA
- Standard of care
- Disclosure of conflict
- Confidentiality
- Accounts
- Compensation for work done as an Attorney
- Resigning the role of Attorney
- Completing the form of CPA or WPA
- The Certificate
- Application for registering the CPA or WPA
- The Public Guardian
- Where can I get more information about CPAs or WPAs?
Scottish General Powers of Attorney
- Introduction
- Scope and restrictions of a GPA
- Duration of a GPA
- Completing your GPA
Scottish Living Wills
- Completing your Living Will/Advance Medical Directive
Glossary
Loose-leaf paper forms included:
- GPA for England & Wales
- GPA for Scotland
- Living Will (Advance Decision) for England & Wales
- Living Will (Advance Medical Directive) for Scotland
Power of Attorney forms available to download:
England & Wales
- LPA Property and Financial Affairs
- LPA Health and Welfare
- Notice of Intention to apply for registration of a LPA
- Application to register LPA
- Other useful Office of the Public Guardian forms and guidance notes
Scotland
- CPA
- WPA
- Certificate under Section 15(3)(C) of the Adults with Incapacity (Scotland) Act 2000 for CPA
- Certificate under Section 16(3)(C) of the Adults with Incapacity (Scotland) Act 2000 for WPA
- Application for Registration of a CPA or WPA
- Other useful Office of the Public Guardian forms and guidance notes
Paper versions of the above downloadable forms are available on request.
Books & Kits are physical products that are despatched the next working day by Royal Mail.
eKits
eKits are only available to download and are compatible with computers that run Microsoft Windows or MacOs. You can retrieve your eKit from the link provided at the end of the checkout process or in your confirmation email.