LPA Solicitors
Why is it important to have an LPA?
There is a generalisation that it is only elderly people who should consider LPA’s (lasting powers of attorney). Even when we are young, we may find ourselves incapacitated owing to illness or injury, and you may need a reliable person who can manage your personal affairs. For this reason, it is important that everyone has an LPA in place. There is an assumption that if someone was to lose mental capacity, your family can access your money to pay for care. This is not the case, and even joint accounts can be frozen.
How can Wildings Solicitors help you?
Our specialist private client solicitors can offer support and advice on all aspects of LPA’S. Matters such as this can be delicate, getting legal advice can help to ensure that the application process runs smoothly and will help to avoid placing any strain on the relationships with your loved ones. We will also ensure the often-complex legal requirements and processes are followed to ensure an order is granted without delay.
Case Study
Our client had got himself in trouble with the law. He ended up having to spend time in prison which meant he was not able to deal with his property and financial affairs whilst in custody. We were able to obtain a Lasting Power of Attorney for him, where he appointed a close relative to manage his affairs whilst he was in prison. We were also able to create bespoke instructions in the LPA to ensure his property and assets were dealt with in a specific manner.
We would recommend making an LPA as soon as possible. Life can have many unexpected turns, so we should all be prepared for those potential eventualities. You can never be too young to make an LPA and it will provide you with peace of mind.
Mental capacity in simple terms means that someone has the ability to understand information and make decisions based on this. If capacity is in question, a detailed report would need to be conducted with a doctor to establish capacity. If capacity is not found, then an LPA can not be appointed. Your family therefore may wish to explore the option of obtaining a deputyship order.
An LPA can enable an individual’s family members, friends or a professional to look after their affairs without causing serious disruption or delays.
Since the 1st October 2007 it has no longer been possible for a person to create an Enduring Power of Attorney. However, if you have made an Enduring Power of Attorney prior to 1st October 2007 it still remains valid and may be registered at the Office of the Public Guardian.
LPA’s have replaced Enduring Powers of Attorney but offer the flexibility of covering your financial affairs together with your health and wealth matters.
A Health and Welfare LPA is for decisions about your health and personal welfare, such as choosing where you live i.e. your own home or in residential care, and daily needs such as your food and clothing. The decision-making power also extends to your ongoing medical treatment and needs and end of life care. They can also refuse treatment for things like medication, restarting your heart and blood transfusions.
Your Property and financial affairs LPA is for decisions about finances such as selling your residential home and managing your bank accounts and investments. If you have a pension or investments, these will also fall under the remit of your attorney.
If you change your mind, you can revoke your LPA at any time, provided you have mental capacity.
Your Will and your LPA are completely separate. Your LPA is only effective during your lifetime and lapses upon death. The LPA does not affect your Will and it will remain valid.
An Attorney (over the age of 18) is appointed to make decisions on your behalf and must always act in your best interests. You are able to appoint more than one Attorney however you must specify as to whether they should act together or independently.
Before the Lasting Powers of Attorney can be registered it must be signed by the donor, the Attorneys and also the Certificate provider. A Certificate provider is an authorised person that declares that the donor understands the purpose of the Lasting Powers of Attorney.
Once the appropriate signatures have been obtained the LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. The Attorneys will then have legal powers to make decisions for you. The LPA can be registered by you or alternatively your Attorney in the event that you no longer have the capacity to do so.
Yes, you can. As part of our service, we can assess your needs and make bespoke instructions for you to put in place for your attorney(s) whether it may be to restrict their ability to make decisions on your end-of-life care, selling of your family home, or the ability to make gifts from your funds.
Wildings Solicitors charge a fixed fee for the majority of LPA cases whether it is a property and finance LPA or a health and welfare LPA. However, we would initially have an in-depth discussion with you regarding your needs and circumstances so that we can better understand how we can assist you. It therefore may be more suitable to provide a tailored quote for your needs if there are additional complexities or issues to be addressed.
A fee is currently charged for registration of each Lasting Powers of Attorney application. However, if your gross annual income is less than £12,000 you may qualify for partial fee exemption or remission. It must be noted that an LPA is not available for those who have already lost mental capacity. They must have capacity at the time of creating the LPA. Your family members or friends would have no option but to make an application to the Court of Protection for a Deputyship Order, which can be a costly and lengthy process.
Book your initial consultation with our Employment Solicitors in Birmingham. Freephone 0330 333 8797, request a callback or email info@wildings-solicitors.co.uk for specialist advice.
