The importance of preparing your Lasting Power of Attorney (LPA) is all too often overlooked by people when planning ahead for their golden years.
By preparing a Lasting Power of Attorney you are ensuring that the right people of your choice are legally allowed to deal with your assets and/or personal welfare should you become mentally or physically incapable of handling your own affairs.
Do I really need a Lasting Power of Attorney?
Quite simply, would you like to have a say in what would happen if you were to suffer from mental or physical incapacity?
Without an LPA in place, loved ones would have to apply through the Court of Protection and a judge would decide who can handle your affairs. This process often takes over a year to complete and costs many thousands of pounds in solicitor and court fees. Until the legal process is complete, your finances and assets would be frozen.
Health and Welfare LPA or Property and Financial LPA?
There are two types of Lasting Power of Attorney, the Health & Welfare LPA and the Property and Financial Affairs LPA. You can, if you wish, only have one of these types of LPA but we would always recommend preparing both types, where appropriate.
The Health & Welfare LPA allows you to appoint the right person or group of people to look after your personal health and welfare decisions. In situations where you lack capacity this would give them the authority to; access your medical records, decide your course treatment, decide where you live, decide who can visit you. This LPA also allows you to give authorisation to them to refuse or consent to life sustaining treatment.
The Property and Financial Affairs LPA appoints someone or a group of people to look after your assets or financial affairs. You can appoint the same attorneys to act in both types of LPAs. With the average life expectancy ever growing and predicted to continue to rise, it is likely that many of us will require some form of assistance in our old age. It is sensible planning to put the measures in place now to allow the people you trust to manage your affairs should the need arise.
Our Services
The Will Writing Service covers all aspects of creating an LPA including:
- Health and Welfare LPA’s (LPA-HW)
- Property and Financial Affairs LPA’s (LPA-PFA)
- Personally customised instructions
- Full advice on each document
- First appointment to obtain instructions
- Formulation of document
- Second appointment for us to confirm your capacity and act as Certificate Provider on the LPA
- Arranging all attorney signatures
- Preparation of registration documentation
- Document checking process
- Applying to register the Lasting Power of Attorney
- Monitoring of registration process until complete
- (where applicable) applying for fee remission or fee exemption.
Please note that we may request written confirmation of capacity from your doctor depending on your health, and the nature and circumstances of your instructions.