Managing your property and financial affairs is a bit challenging if you become mentally incapacitated, but you can continue with your life as normal if you have a power of attorney. A power of attorney is a legal document that allows an individual to appoint another person to make his or her legal and healthcare decisions on their behalf if they are in a position where they cannot do it themselves.
The two types of LPA are property and financial affairs and health and welfare. You need to submit two separate applications to get both of them. General lasting power of attorney covers a wide range of situations like writing wills, finances, purchasing items, accessing bank accounts and many more. A lasting power of attorney will be effective even after you are deemed cognitively incompetent until you die or revoke the right.
How do I prove that have a power of attorney?
One thing you should note is that you should prove that you have a POA to conduct business on behalf of another, especially when it comes to sensitive areas such as wills and finances. You cannot just get into a bank with a copy of the POA and expect that the cashier will just give you the money. So what should you do for smooth transactions?
- One way of proving that you have a lasting power of attorney is by presenting a certified copy of the LPA. You should send these copies to all the financial institutions that the donor deals with. These institutions include the banks where they have current saving accounts, their landlords, their general or life insurer, mortgage provider and their investment portfolio managers. Other essential institutions to deal with are their gas, water and electricity providers.
- You can also use a normal photocopy if the donor countersigns it while they still have the capacity. The requirements are that the donor must write: ‘I certify this is a true and complete copy of the corresponding page of the original LPA’ at the bottom of each page. The donor must also write: ‘I certify that this is a true and complete copy of the LPA ‘at the final page of the copy, plus every page must be signed and dated. You can get copies of the OPG document from a solicitor at an affordable price, even if they are not the providers of the original POA. Call us now on 0121 202 4714’, to find out more, or email firstname.lastname@example.org”.
- Some Institutions, mostly banks, will require you to make a declaration about whether the donor can sign checks and receive statements or whether they lack the capacity. In situations where they mentally incapacitated, the attorney takes over all the transactions of the donor. You don’t need evidence to make the declaration, but you must give accurate information about the donor’s condition.