Lasting Powers of Attorney – Your right to choose

What is a Lasting Power of Attorney?

A legally binding document that allows you (the donor) to give authority to a family member or friend who you trust to act on your behalf, should you lose the ability to make decisions for yourself.

There are two types of LPA:

Health and Welfare:

Allows an attorney to make decisions if required concerning treatment, care, medication, where you live, etc.

(From a legal perspective a health and welfare LPA covers people in England and Wales.)

Property and Financial Affairs:

Allows an attorney to make decisions, and to act on your behalf in areas such as paying bills, dealing with the bank, collecting benefits, selling your house, etc.

Who can make a Lasting Power of Attorney?

Anyone aged 18 or over can make an LPA. You must make it as an individual,

(Two people cannot make a joint LPA).

Why should I set up Lasting Powers of Attorney?

  • Many different circumstances can impact a person’s ability to manage their affairs, (such as unanticipated loss of decision making capacity through physical or psychological trauma, or the effects of ageing).
  • Spouse or next of kin do not have the ability to act on your behalf without a lasting power of attorney in place.
  • Assets and accounts in joint names can be frozen if one party loses capacity.
  • Once a person loses capacity, the decision of appointing an attorney is placed in the hands of the court. The disadvantage of this is that it is often a long process, (approx. 6 months). The Court set up fees can run into thousands of pounds, and thereafter, the court charges an annual fee for maintaining this order.
  • It is key that trusted family or friends are able to make decisions for your benefit and welfare quickly and efficiently if you ever lose capacity.

Who Benefits?

 

You, the donor has the ‘power to choose’ their attorney/s, and will benefit from the attorneys ability to make timely decisions on the donors behalf.

 

  • The attorney who acts on your behalf can do so with the knowledge that financial or welfare decisions can be followed through on their authority, without delay.
  • There are two different types of Lasting Power of Attorney. This gives you the power to make your own decision concerning who should be your attorney and the flexibility, if required, to nominate different people for different areas of life, i.e. Health & Welfare or Property & Financial Affairs.
  • You will benefit from the peace of mind that the person(s) of your choice will have the authority to take care of your needs, at a time when you need help most.

About Lasting Powers of Attorney

A Lasting Power of Attorney (LPA) is a court approved declaration which offers a safe way for you to nominate in advance one or more members of your trusted family / friends, to act as your attorney.

  • It cannot be used before it has been registered with the Office of the Public Guardian.
  • It is ‘completed’ while the person still has capacity.
  • It is then ready for use should the person granting the power lose decision making capacity.
  • The person making the lasting power of attorney is legally referred to as the ‘donor’.
  • The people chosen to make decisions on your behalf are your ‘attorneys’.
  • The lasting power of attorney is generally referred to as an LPA.

The Role of the Office of the Public Guardian:

The Office of the Public Guardian (OPG) is part of the Ministry of Justice. The OPG manages the registration process of LPAs and they maintain a register of them all. It also deals with any complaints, and concerns raised if, for example, someone feels that an attorney is acting wrongly.

Get a Consultation

If you are thinking about wills, lasting powers of attorney, inheritance tax planning, or general financial support, we offer advice and guidance.

Our vision is to support you with good advice to enable you to make the right choices in planning and managing your estate.  Please use the contact form and Sandra will get in touch with you to answer any questions you may have.

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To begin the process and protect your estate for the future.

Located conveniently for Portsmouth, Havant, Chichester, Fareham, Petersfield and the surrounding areas, contact us to find out more about our services and arrange an appointment.

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Cavell Associates Ltd, Langstone Technology Park, Langstone Rd, Havant, P09 1SA

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Phone

02392 006212
07711 788 403

Email

sandra@cavellassociates.co.uk