Lasting Powers of Attorney
What is a Lasting Power of Attorney?
A “Lasting Power of Attorney” (“LPA”) is a new document available from October 1st 2007. It replaces the previous Enduring Power of Attorney (“EPA”), although existing EPAs will remain valid unless expressly revoked or destroyed.
An LPA is a useful way of appointing someone you trust (“your attorney”) to look after your finances and property or make decisions about your health care and welfare for you, if you are unable to do so for yourself. This could be for one of the following reasons:-
- Physical incapability
- Mental incapability
- Convenience - travelling abroad or going into hospital for a short period
There are 2 types of LPA:-
- Property and Affairs LPA – similar to an EPA, this allows your attorney to manage your financial affairs for you
- Personal Welfare LPA – this allows your attorney to make decisions in relation to your personal healthcare and welfare (e.g. giving or refusing consent to treatment and deciding where you live)
Who can make an LPA?
Anyone over the age of 18 can make an LPA provided that they understand what they are signing
When can these documents be used?
Neither of these documents can be used until they are registered with the Office of the Public Guardian. In the case of the Property and Affairs LPA, this can be used by your attorney/s as soon as it is registered. In the case of the Personal Welfare LPA, this cannot be used unless you lose your mental capacity.
Both documents must be used “in your best interests”
How do I make an LPA?
You will need to complete the form itself, arranging signature by you and your attorney's. You will also need to arrange for someone to sign a Certificate confirming that they have explained the document to you and you understand what you are signing.
Who should I appoint as an attorney?
You should choose your attorney very carefully. This could be a friend, a relative, solicitor or other professional advisor. They must be over the age of 18 and you can appoint more than one person and a substitute attorney, if necessary
Should I register the document immediately?
It is not essential to register the LPA immediately, but it cannot be used until it has been registered. The benefits of registering it immediately mean that it is ready for use as soon as it is needed
What if I don’t have an LPA?
If you don’t have an LPA and you lose your mental faculties, all of your money will be frozen until a Court Order is obtained. This is issued by the Court of Protection in London. The costs and expenses for dealing with this are more expensive than if you currently have an LPA. They include application fees, court fees, legal costs and annual fees. There will also be a delay whilst the procedure is progressing.
Recent Changes
From 1st October 2009, new Lasting Power of Attorney forms are available. These forms are shorter and more user friendly than the previous forms and we have significantly reduced our fees as a result. Now is therefore a good time to consider making a Lasting Power of Attorney, whatever your age and situation.
Charges
Our charges for Lasting Powers of Attorney start from £350 plus VAT.
Contact us on one of the following numbers for further information:-
Middlesbrough 01642 230700
Ingleby Barwick 01642 754050
Coulby Newham 01642 233980
