COVID-19: Lasting powers of attorney
June 10th, 2020, Legal Updates, News
Can an attorney appointed under a Lasting Power of Attorney delegate decisions?
- Regardless of the circumstances, attorneys are generally unable to delegate their authority under a Lasting Power of Attorney.
- If more than one attorney has been appointed, and the appointment is joint and several, the co-attorney might be able to act alone.
Is it possible to get a Lasting Power of Attorney registered immediately?
- Although the service is being affected by COVID-19, the Office of the Public Guardian continues to register Lasting Powers of Attorney and aims to do so within 40 days.
Is it possible to get a donor’s signature on a Lasting Power of Attorney witnessed by video due to lockdown?
- Witnessing the donor’s signature by video is not possible.
- It is not possible to use an electronic signature to complete a Lasting Power of Attorney.
- If preparing a Lasting Power of Attorney is not essential, it is recommended to wait until the lockdown is eased.
- If it is necessary to prepare a Lasting Power of Attorney urgently, social distancing rules will need to be followed.
How is it possible to find a certificate provider for a Lasting Power of Attorney during the lockdown?
- A certificate provider is a person who has known the donor for two years.
- A member of the donor’s family cannot be a certificate provider.
- A solicitor who prepares the Lasting Power of Attorney can act as a certificate provider.
How is it possible to legalise a Lasting Power of Attorney for urgent use abroad?
- Firstly, a Notary Public will have to notarise the Lasting Power of Attorney.
- Secondly, the Foreign and Commonwealth Office (FCO) will need to legalise it and affix an apostille.
- Some countries might require obtaining a further legislation at the relevant country’s embassy.
- If an urgent document needs to be legalised, the FCO is to be contacted directly by email.
How will NHS staff find out that a person has a Lasting Power of Attorney (Health & Care Decisions) or Deputyship Order for personal welfare in place?
- This information can be found with the help of urgent searches of the Office of the Public Guardian (OPG) registers.
- Urgent searches can be requested by email.
If you have a question, please do not hesitate to contact James Cohen directly on firstname.lastname@example.org or 0207 822 2257.
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