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Why create a Lasting Power Of Attorney?

It’s quite simple, if you ask your spouse, partner or family who they would trust the most, family or the local authority ?

If the answer is your family, then you must act NOW and take out your Lasting Power Of Attorney as this is the only way your loved ones will be able to look after your property, finances, health and welfare should you become incapacitated through disability, stroke or dementia etc.

We have purposely made our Lasting Powers of Attorney affordable as we passionately believe that every person should have them in place.

Act now as we cannot make an application to set up a Lasting Power of Attorney once you have become incapacitated.

 

Lasting Powers Of Attorney

 

Everyone should have a Power of Attorney in place.

A Power of Attorney gives the Donor the power while of sound mind to choose who they wish to carry out their affiars should they no longer be able.

A Power of Attorney is different to a Will as a Will works after death, a Lasting Power of Attorney works whilst you are alive but possibly unable to act on your own behalf.

A power of Attorney can only be set up whilst you are of sound mind.

A lasting power of attorney (LPA) is a legal document that lets you (the ‘donor’) appoint one or more people (known as ‘attorneys’) to help you make decisions or to make decisions on your behalf.

This gives you more control over what happens to you if, for example, you have an accident or an illness and can’t make decisions at the time they need to be made you ‘lack mental capacity’.

 

You must be 18 or over and have mental capacity – the ability to make your own decisions – when you make your LPA.

There are 2 types of LPA:

  • health and welfare

  • property and financial affairs

Health and welfare lasting power of attorney

Use this LPA to give an attorney the power to make decisions about things like:

  • your daily routine, eg washing, dressing, eating

  • medical care

  • moving into a care home

  • life-sustaining treatment

 

It can only be used when you’re unable to make your own decisions

 

Property and financial affairs lasting power of attorney

Use this LPA to give an attorney the power to make decisions about money and property for you, for example:

  • managing a bank or building society account

  • paying bills

  • collecting benefits or a pension

  • selling your home

 

It can be used as soon as it’s registered, with your permission.

 

You can choose one or more people to be your attorney. If you appoint more than one, you must decide whether they’ll make decisions separately or together.

Who can be your attorney

Your attorney can be anyone 18 or over, such as:

  • a relative

  • a friend

  • a professional, eg a solicitor

  • your husband, wife or partner

You must appoint someone who has the mental capacity to make their own decisions.

When choosing an attorney, think about:

  • how well they look after their own affairs, eg their finances

  • how well you know them

  • if you trust them to make decisions in your best interests

  • how happy they will be to make decisions for you

Register a lasting power of attorney

When you’ve made your lasting power of attorney (LPA), you need to register it with the Office of the Public Guardian (OPG).

You can apply to register your LPA yourself if you’re able to make your own decisions.

Your attorney can also get it registered for you. You’ll be told if they do and you can object to the registration.

 

It takes between 8 and 10 weeks to register an LPA if there are no mistakes in the application.

To register your LPAs with the court it costs £110 to register each LPA unless:

  • you get a reduction or exemption

  • you’ve made a small mistake in your form – depending on the type of mistake, OPG may let you correct it and apply again within 3 months for £55

Registering a property and financial affairs LPA and a health and welfare LPA costs £220.

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