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All you need to know about Lasting Powers of attorney
- 22,000 LPAs get rejected by the OPG each year, we can ensure this will not happen to yours.
- Don't be one of the 78% of people that DON'T have Lasting Powers of Attorney arranged!
- EVERY adult should have these vital documents in place.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document that allows you to appoint one or more people to help you make decisions, or to make decisions on your behalf should you have an accident or an illness that means you cannot make your own decisions (‘lack mental capacity’).
We were surprised and concerned to learn that only 22% of the population have these vital documents in place, leaving the majority of UK adults in a vulnerable position should their life take an unexpected turn.
We all hope they will never be required, but should the worst happen by having Lasting Powers of Attorney arranged your family/loved ones will have everything they need to care for you.
Why do I need a solicitor to arrange this?
Yes, you can arrange this yourself for just £82 – but this is not recommended. Due to the powerful implications of this document, it is unwise to do it yourself and get it wrong!
By seeking advice from a reputable solicitor when arranging your Power of Attorney we will do our utmost to ensure that there can be no risk of abuse of the power given.
We will ensure you understand the consequences of the decisions you are making and that no undue influence is being placed on you.
Unfortunately, there are horror stories out there of people being financially abused by the very people that are supposed to love and care for them. We will do our utmost to ensure you are protected.
By using a Solicitor you can be reassured that the whole process is being carried out legally and correctly and we will be able to advise on any complexities such as businesses, overseas property or family difficulties.
We will advise on the following:
- Who you should appoint to be your attorneys and making sure those you intend to appoint are willing and able to act and that they understand the duties and responsibilities they will be assuming
- The need to nominate replacement attorneys in case your original attorneys are unable to act
- How your wishes ought to be expressed to ensure they cater for all eventualities and are capable of being carried out
- Any specific wording which may need to be included to enable funds held by banks and building societies to be managed on your behalf
- Whether a separate lasting power of attorney may be necessary to protect your business interests
- Whether there is anything about your personal circumstances which means that a lasting power of attorney may not offer you all the protection you need, such as where you have property or assets abroad
- How a lasting power of attorney may be used where assets covered by the lasting power of attorney are owned jointly
- The things you need to do to prevent your application for registration being rejected by The Office of the Public Guardian (22,000 LPA applications get rejected by the OPG each year!)
- How to prevent the validity of your lasting power of attorney being challenged, such as arranging for a doctor to assess your mental capacity in the event of deteriorating mental health.
Do I need an LPA?
We understand that losing your mental capacity and your ability to make important decisions for yourself is not pleasant to think about, but it is important that everyone plans for the unexpected and having a lasting power of attorney (LPA) is one of the ways you can protect yourself and your assets should should you be involved in an accident.
Most people will be aware of the awful circumstances surrounding TV presenter Kate Garraway in 2020. Her husband Derek Draper did not have Lasting Powers of Attorney arranged and when he became seriously ill due to complications from contracting covid-19 Kate was unable to access any of their bank accounts, re-mortage their home, upgrade their phones, rearrange car insurance or even access Derek’s medical records. This highlighted to us all of the importance of having these documents in place.
Without Lasting Powers of Attorney, if you were to lose mental capacity, your family and loved ones may need to apply to the Court of Protection for a Deputyship Order, whereby the Court chooses who to appoint on your behalf. This is a more costly process and removes the ability for you to choose who you want to act on your behalf.
There are 3 types of Lasting Powers of Attorney, detailed below.
There are 3 types of Lasting Power of Attorney:
LPA for Property & Finance
A Lasting Power of Attorney for financial decisions can be used to allow someone to make decisions for you even while you still have mental capacity. These decisions may include such things as buying and selling a property, investing money and paying bills.
LPA for Health & Welfare
A Lasting Power of Attorney for health is different in that it only comes into effect if you have lost the capacity to make decisions for yourself. It will allow someone you trust to make decisions such as where you live, your medical care, what you eat and what kind of activities you should take part in.
LPA for Business
If you run a business, a Lasting Power of Attorney that focusses specifically on your business interests to ensure your attorneys have access to the company accounts and they have the powers in place to sign key documents if the need arises is vital.
Our Prices
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Property & Finance Lasting Power of Attorney (Single) From £250 (+VAT)
This will make your wishes clear, avoid confusion and conflict amongst your loved ones, and will be legally valid and binding. You will be able to name beneficiaries, guardians for children under 18, give details about specific items you want to pass on and name your executors.
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Property & Finance Lasting Power of Attorney (for a couple) From £450 (+VAT)
This will make your wishes clear, avoid confusion and conflict amongst your loved ones, and will be legally valid and binding. You will be able to name beneficiaries, guardians for children under 18, give details about specific items you want to pass on and name your executors.
-
Health & Welfare Lasting Power of Attorney (Single) From £250 (+VAT)
Gives an attorney the power to make decisions regarding the consent for medical treatment and care. It is not possible to use a Health & Welfare Lasting Power of Attorney until the person who made it has lost their mental capacity, through illness or accident, but it should be registered with the Office of the Public Guardian before it can be used.
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Health & Welfare Lasting Power of Attorney (for a couple) From £450 (+VAT)
Gives an attorney the power to make decisions regarding the consent for medical treatment and care. It is not possible to use a Health & Welfare Lasting Power of Attorney until the person who made it has lost their mental capacity, through illness or accident, but it should be registered with the Office of the Public Guardian before it can be used.
Common Myths about LPAs...
Lasting Powers of Attorney - Our Guides
Lasting Powers of Attorney in the news...
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Read MoreUseful Resources
The Office of the Public Guardian in England and Wales is a government body that, within the framework of the Mental Capacity Act 2005, polices the activities of deputies, attorneys and guardians who act to protect the financial affairs of people who lack the mental capacity for making decisions about such things.
Alzheimer’s Society is there for everyone affected by dementia. It is predicted that by 2025, 1 million people will be living with the condition in the UK, and many millions more carers, partners, families and friends are affected. Another reason why it is vital to get plans in place should you or anyone you love be unfortunate enough to be affected by this awful disease. Alzheimer’s Society –
Mencap Trust have useful guides aimed at supporting people with a learning disability or autism and their carers to apply for Lasting Power of Attorney –
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How we can Help You
We cover the following locations:
We are also able to provide virtual services to national clients.
We are able to visit you at home in Scunthorpe, Thorne, Goole, Crowle and Epworth and surrounding areas of North Lincolnshire and South Yorkshire
You are, of course, also welcome to visit us at our office in Crowle High Street, please give the office a call to arrange an appointment.
We are paperless, cloud-based, and always endeavour to see our clients at a time and place convenient for you – including evenings and weekends.
Our aim is to provide you with exceptional legal services at cost-effective prices.
Please see a summary of the services we offer below: