Lasting Power of Attorney
A Lasting Power of Attorney (LPA) is a legal tool that allows you to state who you would like to make decisions on your behalf, should you be unable to do so in the future. It lets you choose a person (or people) you trust to act for you (your attorney).
What happens to me and my family if I am incapacitated and I have not planned ahead?
Without an LPA in place, if you lose capacity your family would need to apply to the Court of Protection, which is a time-consuming and costly process. It is far better to take care of this in advance.
If you fail to plan ahead your assets would be frozen and your family will need to apply to the Court of Protection to appoint a deputy to manage your affairs. This means you risk losing control of who is appointed and the court may apply restrictions on the level of transaction that can be made. The court fees start at £400, simply for the initial application, in addition to medical fees and ongoing administration costs which could result in a final bill of thousands of pounds.
There are two types of LPA, a Property and Financial Affairs LPA and a Health and Welfare LPA. An LPA is not valid until it has been registered at The Office of the Public Guardian.
Property and Financial Affairs LPA
This LPA allows you to choose one or more persons to make decisions about your money or property on your behalf.
This includes fulfilling important tasks such as paying bills, writing cheques, transferring money receiving salaries, arranging for the upkeep of your property or selling your home.
Health and Welfare LPA
This LPA allows you to appoint one or more persons to make decisions regarding your medical care, moving into a care home, your daily routine (e.g. eating and what to wear) and refusing life-sustaining treatment.
Unlike the Property and Financial Affairs LPA it can only be used once you have lost the ability to make your own decisions.
Each LPA must be registered with the Office of the Public Guardian for it to be valid and usable.
The registration fee is currently £82, however some people may be entitled to a discount or an exemption of the fee.
Preparing a Lasting Power of Attorney with Assist Law
Using Assist Law to draw up your Lasting Power of Attorney you will have the peace of mind that you have received all the advice you need to make the right decisions for you. We will ensure that….
- the application is completed correctly
- You have completed the signing of the application correctly
- The application has neen submitted to the Office of the Public Guardian correctly
- If there are any errors which result in the application being rejected then Assist Law will cover the registration cost for the re submission