There may come a time when, because you are incapable of managing your property and financial affairs or personal welfare, you will need someone to do this for you. You can formally appoint an attorney before this happens – someone you can trust to manage things for you and act in your best interests.
A Lasting Power of Attorney (LPA) is a legal document that lets you appoint someone you trust as an 'attorney' to make decisions on your behalf. It can be drawn up at any time while you have capacity, but has no legal standing until it is registered with the Office of the Public Guardian. An LPA must be 'donated' willingly by you whilst you are fully aware of your actions. If this is not possible the Office of The Public Guardian can appoint someone for you. This could be a friend, relative, solicitor or an accountant but there is no guarantee that it would be the person you want.
Currently you can create two types of LPA:
- Property and Affairs LPA
- Personal Welfare LPA
Property and Affairs LPA
A property and affairs LPA allows you to choose someone to assist you with your financial affairs. This could include running your bank account, managing your savings account and other investments, and paying your bills. You can also choose when you wish your attorney(s) to be able to act for you. They can either assist you as soon as the LPA has been registered with the Office of the Public Guardian, or you can restrict their authority so that they may only use the LPA once you have lost mental capacity.
Personal Welfare LPA
A Personal Welfare LPA allows you to choose someone to make decisions about your healthcare and welfare. This includes decisions to refuse or consent to treatment on your behalf and deciding where you live. These decisions can only be taken on your behalf when the LPA is registered and you lack the capacity to make the decisions yourself.
Enduring Powers of Attorney EPA
It is no longer possible to create new EPAs, however those made prior to 1st October 2007are still valid.
One matter that is often overlooked by people appointed as attorneys under an EPA, is the duty to register the power with the Office of the Public Guardian once the donor begins to lose mental capacity.
The time to register an EPA often coincides with deterioration in the health of the donor, meaning the attorneys' time is tied up with other matters such as arranging care. Our team can deal with all the registration paperwork for you, leaving you free to dedicate your time to your loved one when they need it most.
What happens if no LPA or EPA is in place?
If possible, consider an LPA now. If this isn’t possible then an application for a Deputy Order is needed. Unfortunately this is a more costly process and can take some considerable time, but here at HilliersHRW we can help accelerate the process on your behalf.
At HilliersHRW we can talk you the options now. The forms to set up and register an LPA can be quite confusing, and one error can result in the Office of the Public Guardian rejecting your application and requesting a second fee when you resubmit. We can provide sensitive and expert advice to ensure matters are finalised for you as simply and quickly as possible.
Download our free Fact Sheet: Lasting Powers of Attorney (57k)
Contact:
Sharon Brown. Stevenage Office: 01438 346000
Paul Gotch. Bedford Office: 01234 858000
