WHAT ARE LASTING POWERS OF ATTORNEYS (LPAs)
These are documents that you make now in preparation for the future.
They allow you to appoint people you trust to make decisions and manage your affairs if you are no longer able to do so.
People often (wrongly!) associate these documents with old age but actually, they are for everyone! Strokes, car accidents, serious injury, cancer and other progressive and neurological conditions can happen at any time.
There are two types, and you can choose to make both or just one:
- Health and Welfare: Used if you lose capacity so the people you appoint can make decisions about where you live, who looks after you, your daily routine and the treatments you receive.
- Property and Financial Affairs: Can be used whilst you retain capacity with consent as well as if you lose capacity to pay bills, sell property, claim benefits, deal with pensions, bank accounts etc
LPAs are completely separate from your Will as LPAs are effective during your lifetime and Wills come into effect following death.
WHAT IS THE PROCESS?
The documents are prepared and need signing by you and the people you appoint (who become known as your Attorney(s). They then need registering with the Office of the Public Guardian. Leaving these documents last minute can be very risky as the registration process can take 20 weeks! Thinking ahead now will save your loved ones a lot of stress when they need to deal with things at what will already be a difficult and emotional time.
Once registered, there are no ongoing costs, and your LPAs remain active until death.
WHAT HAPPENS IF I DON’T HAVE A LASTING POWER OF ATTORNEY (LPA) IN PLACE?
Without a LPA, your loved ones don’t have automatic authority to step into your shoes and make decisions as if they were you.
A court application known as a Deputyship Order will need to be made with the Court of Protection for the management of your Property and Financial Affairs. This is a lot more complex, expensive and time consuming (around 12 months) to obtain!
For Health and Social Care matters, the local authority, medical professionals and social workers will usually take control of any decision making.
WHAT TO DO NOW?
It is never too early to start planning for the future so contact our qualified and friendly Private Client team on 01943 461414 to make an appointment. The first step is usually the hardest!
Our Private Client department want to get to know you. They will listen to your circumstances and provide clear and uncomplicated advice tailored to your needs. Visits outside of the office can also be arranged for homes, hospitals, care homes or hospices.