Powers of Attorney
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that allows you, the Donor, to appoint one or more persons to make decisions on your behalf during your lifetime if you become unable to do so. This may occur, for example, because of illness, old age, or accident. It is a legal document separate from your Will but often done at the same time as a Will. It should be part of your future planning. An LPA ends on death when the executors of the Will take over. Your attorneys and executors can be the same people.
You can only put an LPA in place whilst you understand the nature and effect of the document. If you lose mental capacity, you cannot enter into an LPA. Next of kin have no automatic right to manage your affairs without an LPA. In the event of you losing capacity an application to the Court of Protection for the appointment of a ‘deputy’ is required. That is a lengthy and expensive process and the court will have control over your affairs.
There are two types of LPA
Health and welfare Lasting Power of Attorney
A health and welfare LPA allows you choose attorneys to make decisions about your healthcare, treatments and living arrangements. Unlike the financial affairs LPA, this document will only become effective if you lack mental capacity. If you are unable to communicate your wishes, you could be given care or treatment that you would not have chosen. You can set out your wishes in the document or your attorneys can speak for you.
Financial decisions Lasting Power of Attorney
A financial decisions LPA allows you to choose attorneys to deal with all of your property and financial affairs. The LPA can be restricted so it that it can only be used if you lose mental capacity. However, if you so direct it can be used more widely, for example, if you suffer from illness, mobility issues, or spend time outside the UK
Who to appoint?
Husbands, wives and partners often appoint each other but they might also appoint children or some other trusted persons to act individually, jointly or as a replacement attorneys if one is unable to act for any reason.
LPA's need to be witnessed.
We can do this for you, or an independent adult can witness your LPA. Attorneys cannot act as a witness. Whoever you choose must be aged 18 or over, must be of ‘sound mind’ and not a relative. An LPA will be invalid if not properly witnessed.
LPA’s for sole traders and business owners.
Whilst an LPA is not a requirement to run your business, a financial decisions LPA will help if you are unable to manage your business because of illness, accident or being out of the UK.
The Office of the Public Guardian.
The Office of the Public Guardian (OPG) is the government body responsible for overseeing LPA’s and deputyship. The purpose of the OPG is to protect people who are not able to make (or express) their own decisions. If the OPG believes that an attorney or a deputy is not acting in the donors best interests, they will investigate. An LPA must be registered with the OPG before it can be used.
What our professional fee includes?
- Face to face meetings to make this as simple as possible for you or meetings via Zoom or telephone consultation.
- Local home visits by arrangement.
- Advice on the different types of LPA available and their benefits.
- Advice on the choice of attorneys and replacement attorneys. How and when they can act.
- Acting as or advising on the certificate provider.
- Advice on any preferences or instructions to limit what the attorneys can do.
- Preparation of the LPA.
- Attending on you and the attorneys for signing or sending out documents for signing.
- Checking that the LPA has been signed correctly by all parties and in the right order
- Completing and submitting the application to register the LPA at the Office of the Public Guardian.
Storage of the documents
You can store the documents in a safe place at home or with your bank.
We can provide certified copies of your documents.