Lasting Powers of Attorney

Lasting Power of Attorney

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Lasting Powers of Attorney

Have you considered what will happen to your financial affairs or personal welfare if you become mentally incapable due to an accident or illness?

Having a Lasting Power of Attorney (LPA) will enable a trusted friend or family member to make important decisions for you in such circumstances. In an LPA you can appoint one or more attorneys, in respect of your property and financial affairs and/or your health and welfare.

Without an LPA in place nobody will have a legal right to make decisions for you, if you are unable to. Not even your spouse or children. To be able to make decisions for you, your family would have to make an application to the Court of Protection, for the appointment of a ‘deputy’. That process is expensive, time consuming and rigorous; and ultimately a judge would decide who should control your affairs. It is much better to make the decision yourself, in an LPA.

Property & Affairs LPA This allows your attorney(s) to make decisions about your property and financial affairs, such as paying your bills or selling your house. Your attorney(s) must act in your best interests when making such decisions, and would not be permitted to use your money for their own benefit.

A property and affairs LPA can be set up to allow your attorney(s) to use it immediately, or, only after you lose mental capacity. That is your choice to make when you put the LPA in place.

If your attorney(s) act while you have capacity, they will be subservient to you and you can cancel the power if you are not happy with anything they do.

Personal Welfare LPA This gives power to your attorney(s) to make decisions in relation to your health and welfare, such as medical treatment or whether you live in your own home or a care home. Often we think the Health Service or Local Authority would bow to the wishes of our family, but this is not always the case. If you have an LPA the Local Authority and Health Service would have to respect the wishes of your attorney, in the same way as they do when dealing with you directly.

A personal welfare LPA can only be used by your attorney(s) if you lack capacity. It is not possible to delegate decision making in this area while you have capacity, unlike the property and financial affairs LPA.

Guidelines for LPAs LPAs can only be made while you have the capacity to understand the nature and scope of the arrangement.

If your attorney(s) don’t perform their duties properly they can be made to pay for any losses you have suffered. Mistreating or purposely neglecting someone who lacks capacity is in fact a criminal offence. The penalty is a fine and/or a prison sentence of up to five years.

LPAs can only be used after they have been registered at the Office of the Public Guardian. It takes circa sixteen weeks to complete registration, and it is therefore advisable to deal with this soon after making your LPA. That way, if it is ever needed in the future, it can be used instantly without having to wait for registration.

When choosing an attorney you should consider: • How well the person looks after their own affairs; •

How well you know the person;

•

Whether you trust them;

•

Whether they have good judgment;

•

Whether they are willing to take on the role;

•

Whether they have the time to deal with your affairs properly.

An attorney can be anyone who: • Is over 18 years of age; •

Has mental capacity;

•

Has not been declared bankrupt.

You can have more than one attorney. They can either act jointly, so all decisions must be reached together; jointly and severally, so they can work separately and make decisions on their own; or, jointly for some things and jointly and severally for others.

What Should You Do? It is important to make an LPA. You should get professional advice to fully understand the nature and extent of the power you are giving, the options on how the arrangement should be set up, and the factors you should consider when choosing your attorney(s).

Howells is a leading law firm with expertise in this practice area. Our solicitors will listen to your views and wishes, advise you accordingly, and guide you through the process.

Call our private client department on 02920 404034 to arrange an appointment or email us at info@howellslegal.com

The Law Society accreditation scheme logos Guidelines for use

Logos

The Law Society accreditation scheme logos should be used on members’ stationery and promotional material.

The Law SocietyTo ensure that the logos are produced consistently please send a copy of these guidelines to your designer accreditation scheme logos or printer along with the relevant logo.

Guidelines for use

Logos

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Logos

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Because of the printing process used for this brochure, these colours are indicative only.

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LIGHT BLUE - CYAN 100C/0M/0Y/0K

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