Lasting Powers Of Attorney
Why are Lasting Powers of Attorney important?
If you lose mental capacity, your family will not automatically be able to step in and manage your finances or make health decisions for you. To ensure our they have the correct legal authority to act, you can prepare Lasting Powers of Attorney naming them as attorneys.
We are experts in preparing and registering Lasting Powers of Attorney (LPAs) and can guide you through the entire process.
Our fixed fee service includes:
- Discussing your wishes for the future, including who would be best placed to act as your attorneys and how and when they should be permitted to make decisions on your behalf
- Preparing suitably drafted LPAs with guidance notes
- Assisting you with the signing of your LPAs.
- Where requested, acting in our professional capacity as your certificate provider
- Registering your LPAs with the Office of the Public Guardian.
If you are unhappy with your existing LPAs, we can also help you revoke the powers you have granted.
For further information about LPAs, acting as an attorney and the loss of mental capacity, take a look at our blog.
Timbrell Law Solicitors are experts in preparing and registering Powers of Attorney. If you would like any further assistance, please don't hesitate to get in touch. We offer free initial consultations for all matters to help you decide how to proceed. We are available on 01242 420744, or you can use our contact form to arrange a free callback at a time to suit you.
Frequently Asked Questions - Lasting Powers of Attorney
What is a Lasting Power of Attorney?
LPAs are legal documents which allow you to nominate individuals to make decisions on your behalf if you lose mental capacity. For example, you might lose capacity if you had a stroke, serious accident or an illness such as dementia.
Preparing an LPA means there will be someone who can act immediately to protect you and your estate if the worst should happen.
What types of decision can be made under a Lasting Power of Attorney?
There are two types of LPA:
1. The Property and Financial Affairs LPA
This LPA allows your attorneys to make financial decisions; for example, paying your bills, dealing with your savings and investments, operating your bank accounts, collecting any income, benefits and pension due to you, maintaining your home and even buying and selling property.
2. The Health and Welfare LPA
This LPA allows your attorneys to make decisions concerning your health and wellbeing. It includes decisions about your medication, treatment and where you live. You also have the option of allowing your attorneys to make life-sustaining treatment decisions on your behalf.
You don’t have to have existing health problems to make an LPA.
Why should I make a Lasting Power of Attorney?
Without a Property and Financial Affairs LPA, your loved ones will have to make an application to the Court of Protection to be granted the authority to manage your financial affairs (this is called a “deputyship order”). While the application is underway, the bank will freeze your accounts and potentially leave your affairs in limbo for several months. A deputyship application is also very time-consuming and more expensive than preparing an LPA.
If you lose mental capacity without a Health and Welfare LPA, decisions about your health will be made by the medical professionals involved in your case or the local authority. While it is usually the case that these authorities act respectfully and consult your family, there are instances where the medical professionals and family members disagree.
How long will it take before the Lasting Power of Attorney can be used?
Once your LPAs have been fully signed, they need to be registered with the Office of the Public Guardian. The OPG will take between 2 to 3 months to register the LPAs and return the forms. They will then be ready for use, if required.
What is the difference between an Enduring Power of Attorney and Lasting Power of Attorney?
LPAs replaced EPAs on 1 October 2007. Although, EPAs signed before this date should still be capable of use. For a full comparison, please visit our blog on this topic.
Can a Lasting Power of Attorney be revoked or changed?
You can end (i.e. revoke) your LPA, so long as you have the mental capacity to make that decision. You will need to sign a formal Deed of Revocation and notify a number of required individuals.
If you want to change your LPA, for example by removing an attorney and appointing another person to act, you will need to revoke your existing LPA and sign a fresh one.
If you would like assistance to end an LPA, please contact our specialists.
How can a Lasting Power of Attorney help someone diagnosed with dementia?
A diagnosis of dementia does not necessarily mean that a person cannot make an LPA. Although, it is essential to start thinking about these practical arrangements as soon as possible.
Our solicitors will be able to sit down with your loved one to assess their capacity to make an LPA and set out your options clearly and concisely. If your loved one is deemed not to have the capacity to make an LPA, we can assist with a deputyship application.
For more information, see our recent blog on LPAs and living with dementia.
Home visits are available in Cheltenham, Gloucester, Tewkesbury, Cirencester and the surrounding villages. Evening and weekend appointments are also available on request.
If you live further afield, we would still be happy to help. Please get in touch today for our online services.
Still Looking For More Information?
If you need more information whether a setting up Lasting Powers of Attorney is right for you, then why not read some of our related Lasting Powers of Attorney blog posts for additional helpful insights.