Your Attorneys
You will need the name, address and date of birth for anyone you have chosen to be an attorney(s).
These are the people who you will nominate to act on your behalf should you lose the Mental Capacity to make decisions for yourself in the future.
Your attorneys will only be able to act for you once you have lost mental capacity to make decisions for yourself. Your are able to choose up to 4 attorneys.
The people you have chosen should be people that you know well and trust to make decisions on your behalf and when they are making decisions for you, your attorneys cannot do as they please and must always act in your best interests.
All of your attorneys must be aged 18 or over, they must have the mental capacity to be able to make decisions and they must not have been made bankrupt or been subject to a debt relief order.
Replacement Attorneys
You will need the Name, address and date of birth for anyone you have chosen to be a replacement attorney(s).
Nominated attorneys are people who you wish to act as replacement attorneys. Replacement attorneys are used to replace one of your attorneys should they be unable or unwilling to act in the future.
By choosing replacement attorneys you are assuring that your Lasting Power of Attorney continues to work as your replacement attorneys can step in and start making decisions. You are able to choose up to 2 replacement attorneys.
A replacement attorney cannot be used to act temporarily whilst someone is not available or on holiday.
People to notify
You will need the Name and address for anyone you have chosen to be notified of your intention to register the Lasting Power of Attorney.
This section is optional but does allow you to inform people who are not naming as attorneys or replacement attorneys of your intention to register a Lasting Power of Attorney.
The people you need to choose in this section should be people that you know well and who would be willing to raise concerns or raise an objection to the Office of the Public Guardian about the registration if they believed your power of attorney application was fraudulent or if they believed you were being forced into making this application.
You are able to choose up to 4 people to be notified of your intention to register a Lasting Power of Attorney.
Certificate Provider
You will need the Name and address for the person you have chosen to act as your certificate provider.
Your certificate provider is someone who can confirm that
- You understand the significance of the Lasting Power of Attorney.
- You have not been put under pressure to make the Lasting Power of Attorney.
- There has been no fraud in making the Lasting Power of Attorney.
- There is no other reason for concern.
- In order to act as your Certificate provider the person you choose must be at least 18 years old and either:
A friend, colleague or someone you have known well for at least two years, they must be more than just an acquaintance.
Or your Doctor or Solicitor or someone with the professional skills to judge whether you understand what you’re doing and are not being forced to make a Lasting Power of Attorney.
The following people are not able to act as your Certificate Provider:
- Family members
- A Named Attorney or replacement Attorney.
- Your Named Attorney’s family, this includes the wife, husbands or civil partners of the attorney.
- An Attorney or replacement attorney named in any other Lasting Power of Attorney or Enduring Power of Attorney that has already been made.
- An unmarried Partner, boyfriend or girlfriend of the Donor or of any of the attorneys.
Your business partner or one of your attorney’s business partners.
