Control over who makes decisions when you’re unable to
A Lasting Power of Attorney (LPA) is separate to your Will and gives you peace of mind by appointing someone to make decisions on your behalf. Whether through age, disability or infirmity, LPAs give you a measure of control even when circumstances can mean that you’re not able to make some of your own choices or represent yourself.
Without an officially registered LPA the Court of Protection would have to appoint a Court Deputy to deal with your affairs, which could result in fees in the £000’s. Even if you’re married your spouse won’t necessarily be given control over all your affairs without a Power of Attorney.
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A Lasting Power of Attorney for Property & Affairs (LPA PA) takes care of your financial affairs and can be worded to cover your property, bank accounts and other assets. Amongst other things, this means that your chosen attorney can pay your bills and deal with your income if you become incapable.
You can decide when this arrangement is invoked – for example, if you have difficulty getting out of the house or talking on the phone, you can appoint someone to legally act on your behalf in these circumstances, even if you are still as sharp as ever. Alternatively, the LPA might only be triggered when you lack the capacity to make any decision yourself.
A Personal Welfare LPA (LPA HW) allows you to decide who gets to make decisions on your future care and welfare, and unlike the Property and Affairs element only comes into force when you are unable to make your own decisions. It can cover things like where you will live and what medical care you receive, and can include guidance on refusal of life-sustaining treatment.
As with the LPA PA we’ll help you decide how to structure it and register it with the Office of the Public Guardian so that it becomes a legally binding document. An LPA HW won’t cover management of your financial affairs so if you’ve chosen two different deputies you will need to tell us whether you want to appoint your attorneys to act together or independently.
We would always counsel having both types of LPA to ensure your attorneys can fully cater for your needs, whatever situation you find yourself in.
Drawing up an LPA is easy – one of our professionally trained consultants will visit you in your home, workplace or care facility to draw up all the necessary paperwork. You tell us who you’d like to appoint as your ‘attorney’ and in what circumstances, and once signed we’ll register it with the Office of the Public Guardian.