LEGAL
Powers of Attorney – an introduction Having a Lasting Power of Attorney (LPA) in place will ensure you have the right documents to allow your attorney to deal with your affairs as you would wish. Healds’ LPA solicitor Surindepal Singh, explains the two different types of LPAs available to you.
Surinderpal Singh and the wills, trusts and probate team provide effective and proactive guidance when dealing with estates and estate planning.
Artemis House, 4 Bramley Road Milton Keynes MK1 1PT
What is a Power of Attorney (PoA)? Whether it’s getting you the best deal on a home equity plan, changing your GP, or dealing with a utility provider, your Attorney should be someone you know and trust. A PoA empowers others with the legal authority to assist you (the Donor) in making decisions or acting on your behalf if you’re no longer able to. Your family, including your spouse or civil partner, will not automatically have this right; therefore, you should grant authority to whoever you want to act for you. You can have more than one valid PoA at a time. There are two main types of PoA: 1. Enduring Power of Attorney (EPA) EPAs are a form of authority popular in the 1980s and 1990s; they are valid and can last a lifetime, enabling your appointed Attorney(s) to make property and financial decisions on your behalf. If you lose capacity, an EPA cannot be used until registered. 2. Lasting Power of Attorney (LPA) LPAs replaced EPAs in 2007. An LPA continues to have an effect even if you lose capacity, which allows the Attorney to make decisions on your behalf when you are unable. You can choose whether the LPA comes into effect immediately or when you lose capacity, limit what decisions your Attorney can make or express a preference on how decisions are made. There are two types of LPA: a. Property & Financial – allows for any financial and property decisions b. Health & Welfare – allows for health and social care decisions Should I replace my EPA? EPAs are still valid and can be used if you have capacity without being registered. However, they cannot be used for health or welfare decisions and cannot express preferences or wishes like an LPA.
The above information is for general guidance only and does not constitute legal advice. Heald Solicitors disclaims and excludes any liability in respect of the contents of this article or for action taken based on this information. If you need legal advice, please contact a solicitor.
To use an EPA when you lose capacity, it must be registered at the Office of the Public Guardian (OPG). This can be a long process as notices must be served upon family members and the Donor in addition to the OPG procedures. It is good to review any EPA to ensure that it reflects who and how you want to make decisions for you. It may be a good time to change to an LPA if it doesn’t.
What are the advantages of an LPA? An LPA is registered at the time of creation, so no issues can arise when you may lack the capacity. They also allow for more flexibility and consider replacement Attorneys, expressing instructions or preferences and who should be notified that an LPA exists. There is also the option to have a Health and Welfare LPA, which covers medical decisions. If you don’t have an LPA and you lose capacity, usually family members need to act on your behalf in healthcare matters. They will need to apply for a court order upon each separate issue, making it not only impractical and time-consuming but also costly. By executing an LPA for Health and Welfare, that right to act on your behalf is automatic and covers all decisions. Should you lose capacity without Attorney arrangements in place, family members or the Local Authority can apply for a Deputyship Order from the court to make financial and property decisions for you. Ordinarily, a court will not give such an order for general healthcare decisions. The time and cost of a Deputyship Order far outweigh the costs of LPA(s), with annual reporting, security and all the costs which are borne by you. We can help register an existing EPA or create new LPA(s). We will guide you through the process, handle the application and answer any questions you have. If you are looking for further assistance or information that will give you peace of mind, our private client team would be delighted to help you. You can find out more by visiting our website or calling Surinderpal or Kate on 01908 662277.
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