Lasting Power of Attorney And The Office of The Public Guardian

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Lasting Power of Attorney and The Office of the Public Guardian

In this interview, Chris ball is talking to Helen Girton of Alfred Truman Solicitors about Lasting Power of Attorney and in particular the role of The Office of the Public Guardian.

Chris: So Helen, can you explain to me the involvement of the office of the public guardian?

Helen: Well the role of the public guardian, deals with the paper work that is necessary to register the power of attorney, they actually produce the lasting power of attorney forms and all the associated papers that are necessary to apply to have the documentation registered. So really they are the vehicle by which you sent the application once its completed and they then send back the completed registration marked as registered, they can provide office copies of the document for you to produce in the bank and any other people that might need to see that is officially registered and basically they will also deal with the power that are revoked. You can apply to them and say that these powers have been revoked, they will deal with the de-registration.

Chris: So the office of the public guardian is the administrative body that looks after the setting up of the lasting powers of attorney so what is the role of the court of protection?

Helen: Well the court of protection is quite an important role because they ensure that everything is done for the attorney once they are incapable of acting for themselves as it should be. So if the attorney has a particular query, they can take it to the court of protection who will make the decision in the best interest of the person whose made the power of attorney. In particular they can make orders relating to gifts which the attorney is not authorized to make by themselves, but obviously if there is a particular reason for making that gift, for example for inheritance tax planning purposes then a an application can be made and it goes to the court of protection who considers it on the best interest of the patient and they will make an appropriate order. So the attorney is then covered and has taken into a proper steps to act in the best interests of the person who gave him the power.

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