When you make your Will it is also sensible to put in place a Lasting Power of Attorney (LPA). This allows you to appoint someone to manage your property,finances, health and welfare on your behalf when you are no longer able to do so yourself.
We can provide expert advice on all aspects of LPA. There are two types of LPA.
- Property and Financial Affairs: allows the person making the arrangement (the donor) to give a relative, friend or professional adviser, such as a solicitor, the legal authority to manage their financial and property matters, such as selling their house or managing their bank account, if they become mentally incapacitated. This person is known as an attorney.
- Health and Welfare: allows the donor to give an attorney (not necessarily the same person as the one handling their financial affairs) the power to make decisions on matters including their health and welfare, for example whether to have medical treatment, or concerning their day-to-day care.
Your attorney or attorneys must always act in your best interest so it is vital that you appoint people you can trust.
Making an LPA avoids the need for complicated legal proceedings to manage the assets of someone who has become incapable of handling their own affairs in but has made no provision in case that happens.
If there is no LPA in place an application can be made to the Court of Protection for a deputyship order to act on behalf of the individual.
This is an expensive and time-consuming process, with the court remaining in overall charge of the individual’s affairs and involved in any decisions outside of the day-to-day running of their estate.
To make an LPA, the donor must have mental capacity and be aged over 18. The LPA must be registered with the Office of the Public Guardian (OPG) before it can be used, which can be done either before the donor loses mental capacity to make decisions or when their attorney or attorneys have reason to believe this has happened. An unregistered LPA will not give the attorney any legal powers to make decisions for the donor
By working with us on drawing up your LPA and Will, you will have real peace of mind that your affairs in the future will be handled in accordance with your wishes.
For more information our Lasting Power of Attorney legal services, please contact us.