Lasting Power Of Attorney

Your Power of Attorney is a legal tool that allows you to appoint someone to make decisions on your behalf. It gives them the authority to make the big decisions if you lack mental capacity at some point in the future. Or, if you no longer wish to make those decisions for yourself. In a Power of Attorney, you’re known as the ‘donor’. The trusted people you choose to make the decisions are called ‘attorneys’.

With 1 in 14* People over the age of 65 now suffering from Dementia, its good to have a plan. (*alzheimers.org.uk,2104.) thats why putting your Finance & Property and Health & Welfare Power of Attorneys in place NOW will help.

More of us become unable to manage our affairs these days. Without a Power of Attorney your family may need to go to court. This can cause lots of hassle, delays and expense.  Currently there are 850,000 people in the UK living with Dementia.  It’s estimated that by 2025 this will exceed over a million (source: Alzheimer’s Research UK, 2015)

What happens if there’s no power of attorney?

The courts may appoint someone to manage your financial affairs

Your friends or family may need to go to court to get authority to act on your behalf – this can be a lengthy, costly & upsetting experience

Doctors could rule loved ones on decisions you have already made regarding health matters

By setting up a Power of Attorney now, you make things easier in the future whilst keeping control of your affairs now

Our specialist consultant will come to your home at a time convenient for you and your family

  • Warm and friendly accredited consultants
  • Expert advice tailored to your specific situation
  • We prepare thousands of Powers of Attorney each year in the UK
  • Prepared and registered for you
  • You keep full control
  • Hassle free process
  • Quick turnaround if required
  • Affordable fixed price
  • 5-Star Google Review Rating

IMPORTANT – Registration and the Office of the Public Guardian

Your Power of Attorney must be registered with the Office of the Public Guardian before it can be used. We can take care of this for you

Help plan for the future, whatever it holds.

SHOCK NEWS……. 44 million in the UK do not have one.. that’s 85 per cent of the UK adult population.

A Lasting power of attorney (LPA) is a legal tool that gives another adult the legal authority to stay on top of household bills and ensure their loved ones are cared for. they can make certain decisions for you, if you become unable to make them yourself.

Dementia is a growing challenge, In England it’s estimated that around 676,000 people have dementia but across the UK that estimate is more like 850,000. Hundreds of thousands of people will eventually reach a point where they are no longer able to make decisions for themselves or manage their finances, But most families are unprepared for such eventuality.

Lasting Power of AttorneyLasting powers of attorney (LPAs) let you choose a person (or people) you trust to act for you. This person is referred to as your ‘attorney’, and you can choose what decisions they are allowed to make for you.

There are two different types of LPA. One of them covers decisions about your property and finances, and the other covers decisions about your health and welfare. You can choose to make both types or just one. You can appoint the same person to be your attorney for both, or you can have different attorneys.

An LPA can only be used after it has been registered at the Office of the Public Guardian (OPG). The OPG is responsible for the registration of LPAs

As described by the DirectGov website

A Lasting Power of Attorney can help YOU plan how your health, wellbeing and financial affairs will be looked after. It allows YOU to plan in advance:

  • the decisions you want to be made on your behalf if you lose capacity to make them yourself
  • the people you want to make these decisions
  • how you want the people to make these decisions

FINANCE AND PROPERTY

A Property and Finance LPA allows your attorney to look after decisions such as your finances including bank accounts, claim benefits and deal with any property related issues

HEALTH AND WELFARE

A Health and Welfare LPA allows your attorney to make important decisions about your medical treatment, social care needs and where you live. 

Once a lasting power of attorney has been registered and the documentation has been received, it can be used at any time ONLY with your permission OR if you have lost mental capacity.

You are not Losing your independence by creating a Lasting power of Attorney which is what most people think happens when considering this or when their kids talk about putting these in place.

YOUR LPA can be set up within a few hours and registered properly with the OPG (Government Department) in seven to ten weeks.  Whatever life holds this document can help everyone plan for the future.

Contact us or check out our blog to see how we can help 

6 Reasons why you should have an LPA

1. You control an LPA

You can name the person you want to act as your attorney, whereas if you are incapacitated without an LPA, decision-making responsibilities could be awarded to anyone by the Court of Protection – including, for example, a relative who you don’t believe has your best interests at heart.

 

2. An LPA is ‘lasting

That L is important. An ordinary power of attorney can be made in good health, but will be revoked by mental incapacity. An LPA not only lasts beyond the point of incapacity, but is generally not even triggered until that point, when it is needed most.

 

3. LPAs must be registered to come into effect

As mentioned above – but worth stressing again – an LPA only comes into effect when it is triggered or ‘registered’. Property LPAs can be triggered while you are still mentally capable, to appoint an attorney to help you out, whereas welfare LPAs are solely for when you cannot decide for yourself anymore.

 

4. Financial powers are limited

Your attorney can’t just give away all of your money. Financial gifts are capped, and a court order will be needed to approve more sizeable gifts of your money to other people. Similarly, professional financial advice must be sought before your attorney can make investment decisions on your behalf, protecting you from them speculating too wildly with your money.

 

5. An LPA is faster

The Court of Protection exists to make sure your family gets the access to your finances that they need if you are incapacitated, but without an LPA that can take a long time to put into place, which can leave your loved ones to face hardship in the meantime. With an LPA it’s clear who gets access to your money and as soon as it is registered, they can start using it to make sure your family is properly looked after.

 

6. It gives you peace of mind

You probably wouldn’t want to die without a will in place, especially if you own property, have substantial cash savings, or have a partner or dependants. But what if something happens to you that does not kill you, but leaves you incapable of communicating your wishes to those closest to you.

It’s an uncomfortable thought but it’s crucial to consider it in good health and make the sensible decision – and an LPA is probably the single best way to make sure that your interests are protected from the moment you are incapacitated until your death, after which your will can distribute your estate in the usual way