What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document. It allows you to choose someone you trust to make decisions on your behalf should you lose mental capacity to make those decisions for yourself.
There are two types of LPA:
Both types of Lasting Power of Attorney can only be used after it is registered with the Office of the Public Guardian in London and we would urge you to register the documents as soon as they are made. Should registration be delayed and mental capacity is subsequently lost, it can become very expensive to rectify this on your behalf. It is always an emotional decision, however, making haste could prevent problems later on guaranteeing you and your family peace of mind.
There is a fee to pay for registration and, at the time of your enquiry, we will outline all the costs involved in making and registering LPA’s. We will do this in a clear and transparent way offering you straight-forward and stress-free choices peace of mind.
Who can make a Lasting Power of Attorney?
Anyone aged eighteen or over, with the capacity to do so, can make a Lasting Power of Attorney appointing one or more attorneys to make decisions on their behalf.
It is not possible to make a Lasting Power of Attorney jointly with another person. Each person must make his or her own Lasting Power of Attorney.
Remember, there are two types of Lasting Power of Attorney
The Property and Financial Affairs Lasting Power of Attorney
As the name suggests this LPA is specific to your property and financial affairs.
You can decide to give your attorney/attorneys the power to make decisions about any or all of your property and financial affairs. For instance, this could include paying your bills, collecting your benefits or selling your house if you are in a care home. The overarching idea is to ensure that someone you trust can, on your behalf, look after your financial interests.
The Health and Welfare Lasting Power of Attorney
This can be used by someone that you trust to make decisions about your medical treatment, where you live and the level of day to day care you may require.
For more information and confidential advice, please contact Katie Wise on 0800 111 4996
What can happen if you do not have a Lasting Power of Attorney?
If you cannot deal with your own affairs, someone may have to apply to the Court of Protection to be appointed to act as your Deputy. This can be extremely expensive and time consuming and of course, the person who applies may not be the person you would have ideally chosen. If you are a family member who is aware of an elderly parent or relative who has lost or is losing mental capacity, please do not hesitate in contacting us.
How we can help
We are always flexible and aim to make the process easy for you. We are pleased to be able to assist you with a convenient home visit. If you require this we will make a modest charge to cover our attendance and mileage but this, as you would expect, is agreed with you before we visit.
We have friendly, patient and experienced solicitors to provide advice, complete the forms and ensure that, when completed, they are registered at the Office of the Public Guardian on your behalf.
Our advice is that we strongly recommend that you do not risk preparing an LPA without meeting and discussing your requirements with a professionally qualified solicitor. This will help you and your family to avoid the many pitfalls and intricacies of law that you may not know about.