Lasting Powers of Attorney

There are two types of Lasting Powers of Attorney. One that deals with property and affairs and one that deals with personal welfare. If you want peace of mind then make a Lasting Power of Attorney.

If you become incapable of handling your own financial affairs and you don't have an LPA then the Office of Public Guardian will be involved in appointing a 'guardian' to look after your affairs. This is a costly and time consuming application and will bring about heartache to your family. Likewise, if you don't direct what you want to happen in relation to your physical needs, discussions will be made that you may not agree with.

A Property and Affairs LPA is a legal document which enables you to plan ahead by choosing one or more attorneys to act on your behalf in respect of your property and financial affairs. Attorneys can act at your direction whilst you have mental capacity and the power would continue if you became mentally incapable of handling your own affairs.

A Finance and Property Lasting Power of Attorney cannot be used until it is registered with the Office of Public Guardian. After the registration process is complete your attorneys can assist you with paying bills, managing investments and bank accounts, buying and selling shares and property etc. Your attorneys would also be able to deal with your pensions, bank, utility providers and local authority etc on your behalf. If you do not wish your attorneys to deal with all aspects of your affairs, it is possible to place restrictions on the power, you can also offer general guidance.

A Personal Welfare Lasting Power of Attorney would allow you to authorise attorneys to make health and welfare decisions for you. Your attorneys would only have the power to make decisions on your behalf if you lacked the mental capacity to make those decisions yourself.

A Personal Welfare Lasting Power of Attorney cannot be used until it has been registered with the Office of Public Guardian. After registration your attorneys would be able to make decisions about where you live, your day-to-day care, your social activities etc. You may also give your attorneys the authority to decide on your behalf whether you receive life sustaining medical treatment. It is possible to place restrictions on the decisions your attorneys can make.

Who should you appoint to act as your attorneys?

An attorney may be a friend, relative or an independant professional person, such as a solicitor over 18 years (and not bankrupt). Attorneys have the wide powers to handle your financial and property affairs and /or personal welfare decisions and therefore, in the wrong hands, could be open to abuse. It is essential that you have complete trust in your attorneys to act in your best interests at all times.

You can appoint one, or more than one attorney to act on your behalf. It is also possible to appoint a replacement attorney who would only act if your appointed attorney(s) is/are no longer able or willing to act.

If you appoint more than one attorney, you may appoint them to act 'jointly' or 'jointly and severally'. 'Jointly' means your attorneys must make all decisions together. The Lasting Power of Attorney fails if one of them ceases to be an attorney for any reason e.g. death. Alternatively, 'jointly and severally' means your attorneys can make decisions either as a group or as individual attorneys. The Lasting Power of Attorney will NOT fail if one of your attorneys ceases to act as your attorney.

What now?

By planning ahead and sorting out your affairs now, you will be able to choose your attorneys.

If you have not chosen your attorneys to act on your behalf and were to lose mental capacity to handle your own affairs, somebody would need to make an application to the Court of Protection for a Deputyship Order. This is a timely and costly process and with ongoing annual costs. A Deputyship application should be avoided if at all possible.

If you would like to find out more about Lasting Powers of Attorney please contact a member of the team for further advice and a fixed competitive quotation.

01376 321311

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