Lasting Power of Attorney (LPAs) - Your Questions Answered

power of attorney, wills
Jul 21 | 2021

Lasting Power of Attorney (LPAs) - Your Questions Answered

  Lasting Power of Attorney (LPAs) This is an area of Law, in which we get asked a lot of questions asked about a Lasting Power of Attorney and why is it important to have one in place. The Coronavirus Pandemic, has had a devastating effect on people lives, which has resulted in some people finding themselves in a position where they may not have control of any decisions that may affect them at the time or in the future. A Lasting Power of Attorney can offer comfort to people who have given their loved ones or friends the power to deal with their financial decisions, when they have been unable to do so themselves There is a general fear that once a Lasting Power of Attorney is put in place, the person putting it in place known as a “Donor” loses all control of their financial decisions.  This is not the case at all. Below are some of the commonly asked questions and we have provided answers to help people understand them better and not to fear them.   What is a Lasting Power of Attorney? A Lasting Power of Attorney is a legal document that allows you to name someone (or multiple people) to act on your behalf regarding financial decisions and health and care decisions, should you lose mental capacity to do so yourself.   Who should make a Lasting Power of Attorney? Unfortunately a Lasting Power of Attorney often doesn’t get thought of until the last minute or the later stages of life.  As we all know it is very hard for anyone to predict the future and we would never expect to lose our mental capacity or to be in a situation where we do not have control of decisions. If you are over the age of 18 and have a condition likely to cause a loss of mental capacity then we recommend that you set up a Lasting Power of Attorney as soon as you can. However, we would recommend that you have a Lasting Power of Attorney put in place should any unfortunate events happen in the future.   What are the different types of Lasting Power of Attorney? There are two types of Lasting Power of Attorney and these are:
  1. Financial Decision
This type of Power is used for the running of your bank and savings account, making or selling investments, paying your bills and buying and selling your house.  You can decide whether you want the Power to be used as soon as it is registered which means it can be used when you have capacity and also when you have lost capacity.  Most people choose this option because it is the most practical. We should say that should you decide on this option and while you still have capacity, your Attorneys can only act with your consent.  This option is very useful if you are able to make your own decisions but there’s another reason you want your Attorneys to help you for example, you are unable to visit the bank, talk on the phone or if you are unable to sign documents. You should be careful that if you only want your Attorneys to use the Lasting Power of Attorney, then this could create additional problems for your Attorney, as they may need to provide medical evidence to prove that you are unable to make decisions every time they need to use the Lasting Power of Attorney.  Should there be a need to use the same as a matter of urgency, it could make your Lasing Power of Attorney a lot less useful.
  1. Health and Care Decision
This Power enables your Attorney to make decisions of the type of health care and medical treatment you receive, including life sustaining treatment, where you live and day to day matters such as your diet and daily routine. This Power can only be used after you have lost capacity and unable to make any decisions for yourself. You can give preferences and instructions but it is common that most people do not do this and they talk to the Attorney who are normally children or close family of their wishes in advance.   Who should I choose as my Attorney? It is entirely up to you who you would like to appoint as your Attorney, as long as they are over the age of 18 years and have never been declared bankrupt. We would recommend that you appoint someone who you know really well, can be trusted and will always have your best interests at heart.  The person you appoint can be a family member, relative or in some occasion, even a professional like a solicitor.   How many Attorneys can I appoint? There is no limit to the number of people you can appoint as your Attorney.   Do I need replacement Attorneys? It is not essential to appoint replacement Attorneys, but it may be a good idea to consider replacements if you have only appointed one Attorney should anything happen to them.   Can I change my mind? Once the Power is registered and you have the mental capacity to do so, you can cancel your Lasting Power of Attorney at any point.   What happens if I do not make a Lasting Power of Attorney? If the unfortunate happens and you lose mental capacity without having a Lasting Power of Attorney in place, a member of your family or a representative will need to apply for a Deputy Order from the Court of Protection.  Once the Order has been given that person can act on your behalf.  This could be any member of your family, even ones that you may not have a very good relationship with. This type of application is very lengthy and involved and it could take up to ten to twelve months before any Order is granted.  Unfortunately, applications made at this time is normally when urgent decisions need to be made. It is a costly application and costs of up to £2,000.00 can be incurred, which is why we would strongly recommend that you consider a Lasting Power of Attorney now to avoid any situations like in this future.   If you would like to put in place a Lasting Power of Attorney or wish to discuss matters in more detail, then please do not hesitate to give one of our team a call on 0330 123 1131 or for more information please Click Here Anne-Marie Hern - Probate Legal Executive
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