It’s difficult to think about what will happen if you lose the ability to make decisions for yourself. However, it’s important we make time to do so.
There are options like a Lasting Power of Attorney that allows you to appoint someone you trust to make decisions for you. This ensures that you and your interests will be well looked after in the event that you are unable to do so yourself.
Do you think you need to set up a Power of Attorney? At Kingsley Smith Solicitors our friendly and supportive team will guide you through the process, ensuring you have peace of mind regarding your personal and financial welfare. Contact us today on 01634 811118 or make an online enquiry.
Getting Power Of Attorney?
When making a lasting power of attorney, you must have full mental capacity. As the donor, you must understand what it means and the full implications behind your decision.
There are two different types of lasting power of attorney (LPA). A health care LPA, which grants authority over your personal welfare. And a financial LPA which allows authority over your property and affairs. See below for more information on the different types of lasting power of attorney.
Power Of Attorney Lawyer
If you need advice, guidance or support around any issues associated with Lasting Powers of Attorney, whether it’s to do with extra information around mental capacity, or how to fill out forms, we can help.
With our practical and supportive approach we will take you through the process from start to finish. Contact us today on 01634 811118, email us at firstname.lastname@example.org or make a quick online enquiry.
Healthcare power of attorney
This lasting power of attorney grants authority in relation to the donor’s personal welfare.
This power of attorney allows power over aspects such as where the donor lives and what their day to day care should be. This type of LPA can also determine the type of medical care the donor receives. It also allows the attorney control over who the donor should have contact with and what activities they participate in.
Financial power of attorney
This lasting power of attorney grants authority in relation to a person’s property & affairs.
With this type of LPA, the donor can specify that the attorney starts managing their affairs after they lack capacity. If not specified, then the donor can start using the LPA after it has been registered.
This LPA allows the attorney power over aspects such as the buying and selling of property, bank account management, making investments, and dealing with tax affairs. It also allows the attorney to pay mortgages and bills as well as claim benefits on behalf of the donor.
Requirements for making an LPA
When making a Lasting Power of Attorney, you need to decide which type is appropriate for your situation. You must also possess the mental capacity to understand the purpose of the LPA and exactly what it involves.
Also, be careful not to assume that just because you’re married that your spouse can automatically manage your affairs if you lose the mental capacity to do so. If you’ve already lost mental capacity and need someone else to manage your affairs, they will need to apply to the court of protection to enable this.
As the donor, you must nominate representatives to manage your affairs. These are called attorneys. There can be more than one attorney and you can specify in the Lasting Power of Attorney whether they can make decisions individually or together.
You and your attorney(s) must fill out specific LPA forms, depending on the type of power of attorney you would like and you must have an independent third party to witness this.
This person, known as the certificate provider can be a professional or a trusted friend or family member who is not an attorney. They must be happy that you fully understand the meaning of the LPA, that you are not pressured into it and that there is no fraudulent activity involved.
In order for the LPA to become valid, it then needs to be registered with the Office of the Public Guardian, the OPG. Both the donor and the attorney(s) need to fill out specific forms, in a certain order with the certificate provider there to be the witness.
It’s worth noting that the Mental Capacity Act 2005 meant that from 1 October 2007 the Enduring Power of Attorney (EPA) was replaced with the Lasting Power of Attorney (LPA). EPAs made prior to 1 October will continue to be valid.
Lasting power of attorney cost
Please ask us about our fixed fees for preparing either or both LPAs so you are not worried about costs when making important decisions
Although a Lasting Power of Attorney can seem overwhelming and quite final, you can end an LPA at any point. Once it has been registered, you can also make changes, as long as you still have the mental capacity to do so. For example, you can remove an attorney from the LPA if you’re not comfortable with the way they are handling certain aspects. This needs to be done via a partial deed of revocation, which you would need to send to the Office of the Public Guardian.
This means that you can have the peace of mind to organise an LPA, whilst knowing if you don’t feel happy with your decision further down the line, it’s easily reversible.
At Kingsley Smith Solicitors our proactive, practical and supportive team use their expertise to guide you through making a lasting power of attorney. Find out how to begin the process by making an online enquiry today, calling us on 01634 811118 or emailing us at email@example.com.
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