Why are Lasting Powers of Attorney important?
Lasting Power of Attorney (LPA) is a legal document authorising someone you trust to make decision on your behalf if you are no longer able or no longer want to make your own decisions.
There are two types of LPAs :-
1) Lasting Power of Attorney for financial affairs;
2) Lasting Power of Attorney for health and welfare.
There are a number of reasons why you may need someone to make decisions or act on your behalf.
- It could be a temporary situation – for instance if you are in hospital or on holidays and need help with paying your bills.
- Or it could apply in a more permanent scenario, for example if you have been diagnosed with dementia and may lose mental capacity to make you own decision in the future.
Making a LPA is empowering as it leaves you in charge. This is because it is you who selects and appoints your own attorney(s) and it is you who direct how your affairs are to be managed. My Local Solicitor limited is a law firm specialising in the preparation and registration of Lasting Powers of Attorney. We are more than happy to discuss your situation and, if instructed, tailor make LPAs to fit your particular circumstances.
Consequences of not having an LPAs;
If there comes a time in the future when you don’t have the mental capacity to make or communicate your own decisions, and you haven’t created a valid Lasting Power of Attorney it will be necessary for the Court of Protection to become involved and appoint a so called Deputy to act on your behalf. This could be a very lengthy, stressful and often expensive process. Here at My Local Solicitor Ltd we are experienced in dealing with Court of Protection matters and will be happy to assist. Having said that, we strongly recommend that you don’t wait until making such application becomes necessary. Prevention is always better than cure! We often like to compare the LPAs to insurance policy: one hopes that they will never become useful however should the worse happen LPAs are there registered and ready to use. The best thing about LPA is that it only attracts one payment. Money well spent we say.
Be careful:
If you’re married or in a civil partnership, you may have assumed that your spouse would automatically be able to deal with your bank accounts and pensions, and make decisions about your healthcare, if you lose the ability to do so. This is not the case.
Should you have any questions about any aspect of LPAs or Court of Protection matters please do not hesitate to contact My Local Solicitor Ltd on 01244 478 730 or by email: hello@my-local-solicitor.com
We are here to help!
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Lasting Powers of Attorney –risks and solutions
Donor- person making the Lasting Power of Attorney
Attorney- person appointed by a Donor to act on his/her behalf
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LPAs were introduced a decade ago to replace Enduring Powers of Attorney (‘EPAs’). Although no new EPAs could be granted after 30th September 2007, there are still many thousands which are valid and in operation. While the idea of the EPA was sound they provided little flexibility for Donors and were perceived as open to abuse. As a result, in 2005, LPAs were introduced under Mental Capacity Act. LPAs could no longer be granted only in respect of Property and Financial Affairs but now also Donor’s Health and Welfare. LPAs allowed donors to appoint attorneys and replacement attorneys in the event they or an attorney cannot act. Donors are now allowed to express his/her preferences and instructions which can be extremely helpful for the chosen attorney or attorneys in performing their role.
Problems relating to giving someone else authority to act
Initially Donors had to name people to be notified of the registration of their LPA. Furthermore a “Certificate Provider” (specifying his/her ability to assess the situation) had to provide independent verification of the Donor’s capacity and the lack of endue influence. Despite the extra hassle these initial requirements offered as barriers to fraud and abuse, regrettably, the above requirements have since been watered down. Certificate providers no longer have to indicate their professional expertise or even knowledge of the Donor. There is also no requirement to notify a third person of impending registration. Here at My Local Solicitor Ltd. we strongly believe that your certificate provider should have the relevant professional expertise. As we only employ trained and fully qualified solicitors, you will be in safe hands. My Local Solicitor will examine your personal situation with you in detail and produce the relevant certificate at no extra cost. Knowing that a qualified professional assisted you in applying and registering your LPA, it will give you and your family extra peace of mind.
Please note that the information provided on this page:
- Does not provide a complete or authoritative statement of the law;
- Does not constitute legal advice by My Local Solicitor Ltd;
- Does not create a contractual relationship;
- Does not form part of any advice, whether paid or free.