Powers of Attorney
Do you want to ensure that your family are protected if you become mentally incapacitated? If so, Legal Tips recommends making a Lasting Power of Attorney (LPA).
This ensures that you have the peace of mind in knowing that someone can step in whenever required. Whoever you appoint will be able to deal with any decisions that need to be made. Anybody can make a Lasting Power of Attorney (LPA) in case they ever lose mental capacity, so it’s a good idea to make one if you have been diagnosed with an illness which you think may prevent you from making decisions for yourself at some point in the future. Unfortunately, accidents and illness can occur to anyone at any time.
It is therefore equally prudent to make an LPA right now whilst you are able to do so.
It’s important to note that once you are considered to be lacking mental capacity, you cannot make an LPA. This means that family or friends will not be able to make decisions for you. They will not be able to access your account in order to pay bills on your behalf. The only way your family or friends would be able to manage your affairs for you is to make an application to the Court of Protection. This can run into thousands of pounds and be very time consuming. It can also be very stressful for your family and it is best avoided by making a Lasting Power of Attorney.
There are two types of Lasting Powers of Attorney:-
Property and Financial Affairs –
Financial decisions might be about:
- Opening, closing and using bank accounts;
- Attorneys can make decisions about claiming your benefits, pensions and allowances;
- Paying household, care and other bills;
- Making or selling investments;
- Buying or selling the donor’s home.
Health and Welfare –
Health and Welfare decisions might be about:
- Donor giving or refusing consent to health care;
- Donor staying in their own home and getting help and support from social services;
- Donor moving into residential care and finding a good care home;
- Matters such as the donors diet, dress or daily routine.
Lasting Power of Attorney
Making a Lasting Power of Attorney, like making a Will, isn’t something we like to think about too often. Doing so will make life much easier for our loved ones, moreover it brings peace of mind for ourselves. Our experienced Legal Tips team are here to support and guide you through the process at a fixed fee of £100 per LPA. Depending on your finances, you may also need to pay £82 per LPA in order to register it/them with the Office of the Public Guardian.