What is dying Intestate?
If you die without a Will you die intestate and the intestacy rules are the default rules under which your estate is distributed.
What is an Executor ?
The term used to describe a person appointed to deal with the assets of a deceased person.
What are Chattels?
An English law term meaning personal effects and belongings.
What does Issue mean?
A legal term used to describe Children.
What is Probate?
A process under which executors are appointed and given authority to deal with the property of a deceased person where a valid Will exists.
What are Letters of Administration?
Similar to Probate meaning authority that is given to an administrator to deal with the assets of a person who has died intestate.
What is a Ordinary Power of Attorney?
A legal document used by a person to give another person the power to act on his or her behalf.
How could a Ordinary Power of Attorney lose its effectiveness?
It becomes ineffective should the person granting the power of attorney lose mental capacity.
What sort of Power of Attorney would be effective if put in place before someone lost mental capacity?
A Lasting Power of Attorney can be arranged to only come into operation should a person (donor) loses mental capacity.
What is a Donor?
The person making the Lasting Power of Attorney.
What other people are needed to make a Lasting Power of Attorney?
An Attorney, A Certificate Provider, and perhaps Persons to be notified.
What is an attorney?
These are the people you decide you want to manage your affairs if you can’t due to loss of mental capacity.
What is a Certificate Provider?
This is normally a person who has known you well for more than 2 years or could be a professional (without having to know you for 2 year proviso) and doesn’t think you have already lost mental capacity. Their job is to confirm that you understand the implications of what you are doing. They also need to be sure you have made the decision to arrange a Lasting Powers of Attorney willingly without being coerced into it
What is a Person to be Notified?
These could be friends or relatives who will be notified when your Lasting Power of Attorney is registered. This allows these people to object or raise concerns if they feel that this is something that is not in your best interests or have other reasons to be concerned.
Do I just need one Lasting Power of Attorney?
There are two main types of Lasting Power of Attorney:
- A Property and Financial Affairs Lasting Power of Attorney
- A Health and Welfare Lasting Power of Attorney
Do I need to register a Lasting Power of Attorney?
Lasting Powers of Attorney need to be registered with the Office of the Public Guardian before they can be used.