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Lasting Power of Attorney


You’ve probably been told you should have one, but what are they?
Part 2

If you've followed a link to this page you may want to start at the beginning with Lasting Power of Attorney - Introduction.

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

If you have been following this guide you will hopefully have an idea of what a lasting power of attorney document does and when you need to put one in place, but what are the options and what do you do next?

In this section Will Provider covers Types of LPAs available

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.


Lasting Power of Attorney - Where do I start?

The first question to ask yourself is:

"Do I create a Lasting Power of Attorney document by myself using the Governments free online tool, with no advice?"

Registration fees will still apply -
Each LPA document fee £82.
Reregistration fee of £41 for every document that fails registration and is re-submitted.

We strongly recommend that everybody should have a Lasting Power of Attorney in place and we are not afraid to publicise the free Lasting Power of Attorney Government online tool as we think it’s an important document which nobody should be discouraged from putting in place.

However, it is extremely important to get right as it could end up costing you more than the cost of paying a professional firm to produce the Lasting Power of Attorney document for you if you get it wrong.

You should not fill in this form if you feel;

"I’m unsure what this means, but what is the worst that can happen?"

The Office of Public Guardian do not provide advice.

They are not checking the LPA document forms for relevance to your wishes or needs, they are simply ensuring it has been filled out legally.

If you do not fully understand the all options available to you, you may have created a document which does not necessarily give your Attorneys all the power they need, or it could negatively impact on you.

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

"Do I pay a professional adviser to provide advice on creating the best route to putting in place a Lasting Power of Attorney document?"

A professional firm who create Lasting Power of Attorney documents will provide you with advice and oversee the full Lasting Power of Attorney process, and take responsibility for registering the documents on your behalf if you wish them to.

The choice is completely yours of course
but really the main point is ensuring that you do make a choice
and take some action now, before you are in a position where you are unable to.

Okay, so what types of Lasting Power of Attorney are available?

There are two types of lasting power of attorney documents which you can select. These are known as the Lasting Power of Attorney Property and Financial Affairs, and the Lasting Power of Attorney Health and Welfare

Each document gives different powers to your attorney’s and is a completely standalone document meaning that each document needs to be signed and registered seperately.

Some people choose to have just one of the documents, or both, depending on their circumstances and what they feel is important to them.

Our recommendation is always to have both of the Lasting Power of Attorney documents to ensure that you have covered all eventualities, allowing decisions to be made for you if you cannot make them for yourself anymore.

There are some rules which are different for each of the above Lasting Power of Attorneys so will have a look at the Property and Financial Affairs Lasting Power of Attorney document in greater detail in the next section - Lasting Power of Attorney Property and Financial.

derby lpaEach Lasting Power of Attorney document acts separately to the other. For example; if you wanted certain people to be nominated as Attorneys to look after your financial affairs and a different set of Attorneys to act within the powers of the Health and Welfare Lasting Power of Attorney.

It is worth bearing in mind, that these separate Attorneys you have chosen to act for you may still come into situations where they will have to work together, for example an Attorney authorised by the Health and Welfare Lasting Power of Attorney document would have the power to make the decision of whether it was necessary for you to go into a Nursing Home, but the Attorneys acting under the Property and Financial Lasting Power of Attorney document would be the ones to authorise the payment to the nursing home and if necessary make the decision of whether the Family home should be sold or not.

Frequently asked questions regarding who should act as your Attorney can be found under the Lasting Power of Attorney - Choosing Attorneys section

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