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Lasting Power of Attorney


You’ve probably been told you should have one, but what are they?

If like a lot people you are unsure what a Lasting Power of Attorney is or you are unsure if you need one then hopefully the following information will make things a lot clearer.

Will Provider are currently running an in depth series on Lasting Power of Attorneys and how it can be of benefit to you.

This guide has been broken down into sections, we cover:

Please feel free to contact us by phone, email or Facebook messenger if you have any queries, or you wish to know more about us.
We will be more than happy to answer any questions you may have either over the phone or in person.

Okay, so what actually is a Lasting Power of Attorney?

"Lasting Power of Attorney


(Otherwise known as an

LPA

)

is a legal document that gives a chosen person, or people, the power to make decisions on behalf of another person."

So what does this mean?

Well put very simply if you were involved in an accident or had an illness which prevented you from taking action or making decisions, a Lasting Power of Attorney document which has been successfully registered would allow the people you have chosen to legally make decisions for you.

Depending on what authority you have given in the LPA, it could be simple things like:

derby lasting power of attorney Transferring money between accounts

derby lasting power of attorney Checking bank statements

derby lasting power of attorney Paying bills

derby lasting power of attorney Deciding on treatment and operations required

derby lasting power of attorney The level of care you needed and where you would want to receive it.

Derby Lasting Power of Attorney specialists


It could also be bigger decisions like:

derby lasting power of attorney Making decisions about the welfare of your children or pets

derby lasting power of attorney Selling a property

derby lasting power of attorney Choosing end of life care

With a registered Lasting Power of Attorney document you will have put in place legal powers for someone you chose to make decisions for you if you are unable to in the future.

So, who should have a Lasting Power Of Attorney Document?

The simple answer is anyone who is legally responsible for their own decisions.

Everyone over the age of 18 should, as part of their estate planning, have a Lasting Power of Attorney document. In reality most people in their 20’s and 30’s don’t even know that LPA’s exist and probably wouldn’t put one in place even if they did, but they should!

Everyone is at risk of injury or ill health and therefore everyone is at risk of losing their mental capacity at any stage of their lives, and with it the ability to make their own decisions.

Requirements to make a Lasting Power of Attorney

The legal requirements to make a Lasting Power of Attorney can become quite complex.

Where there is any question of someones capacity we recommend that you contact us for professional guidance as soon as possible.

Brief points:

You must be aged 18 or over when you make a LPA
You must have mental capacity (the ability to understand and make your own decisions) when you make an LPA.
You don’t need to live in the UK or be a British citizen

Okay, so this is the basics. There can be more complex issues around mental capacity and if there is any doubt then advice should be sought from a medical professional to clarify someone’s mental capacity.

Interestingly; having capacity to create a Lasting Power of Attorney is the same for making a last will and testament.

So what happens if capacity is lost
and there is no Lasting Power of Attorney in place?

If capacity is lost and there is no LPA in place, any family or friends will have to apply to the Court of Protection for a Deputyship to make decisions on your behalf. This is a lengthier process and costs much more than registering an LPA. It will incur ongoing costs which an LPA does not.

It can never be certain that the Court of Protection will approve an application and they are particularly reluctant to approve a Deputyship for a person’s health and welfare. Even if a Deputyship is approved it becomes a process monitored by the court, taking away the ability to choose how care is given.

If the majority of the couples assets are held in Joint names and one loses capacity:

lasting power of Attorney derby The other will not be able to access the joint accounts

lasting power of Attorney derby Deal with jointly owned property without applying to the Court of Protection.

Similarly, if assets are mostly in the name of one partner who loses capacity

lasting power of Attorney derby It could potentially leave the other unable to access any assets or be unable to maintain the home.

The key bit here is that you need to


make a Lasting Power of Attorney


whilst you have the mental capacity to do so.

So what are your options if you want to a put Lasting Power of Attorney in place?

The important bit is that you do have options!

The Government provide a free unadvised option to make a Lasting Power of Attorney online, but you still have to pay to register each document at a cost of £82 with the Office of Public Guardian.

If you get it wrong, and the registration fails, it will incur repeat application fees (£41 reregistration fee)

This is not a document unique to your needs and will not be right for everyone

Even if the LPA document is approved it isn’t checking whether the information you’ve submitted is correct for your circumstances, just that it is legally filled out correctly.

https://www.gov.uk/power-of-attorney/overview

So if you feel confident and understand the terminology as well as the process and you require no advice in creating your own Lasting Power of Attorney document this might be an option for you.

If like a lot of people you dread the idea of filling out forms,

perhaps the wording makes you feel uneasy or unsure of what you should be putting in to the document, or even if you’re uncertain about how to sign the forms, or in what order they need to be signed then it may be a better option to use a professional firm to oversee this for you.

Instructing a professional firm to create and register a Lasting Power of Attorney document is always going to be more expensive than doing it yourself, but it will provide the peace of mind that your Lasting Power of Attorney document will be completed correctly.

However if you do not feel completely comfortable or perhaps you would just prefer to call upon the experience of a proffessional firm who creates in Derby Lasting Power of Attorney documents such as ourselves.

Will Provider will be able to give advice, to discuss your needs, gather your instructions and create a personal Lasting Power of Attorney document.
We are also able to register the Lasting Power of Attorney Document on your behalf and liaise with the Office of the Public Guardian.

Speak to us, Derby Lasting Power of Attorney specialists
WillProvider
01332 410044
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