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 [email protected] or 0207 822 2257.
© 2020 GSC Solicitors LLP. All rights reserved. GSC grants permission for the browsing of this material and for the printing of one copy per person for personal reference. GSC’s written permission must be obtained for any other use of this material. This publication has been prepared only as a guide to provide readers with general information on recent legal developments. It is not formal legal advice and should not be relied on for any purpose. You should not act or refrain from acting based on the information contained in this document without obtaining specific formal advice from suitably qualified advisors.