Why Do You Need a Lasting Power of Attorney

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Lasting Power of Attorney

It’s a common misconception that LPAs are only for the elderly. Accidents or illness can strike anyone at any age, leaving you unable to make crucial decisions about your finances and well-being. An LPA empowers you to appoint trusted individuals (attorneys) to act on your behalf if you lose mental capacity, ensuring your wishes are respected and your affairs are managed smoothly.

Beyond Age: The Benefits of LPAs:

  • Peace of Mind: Knowing your loved ones can handle your affairs if needed brings immense comfort and security.
  • Avoids Delays & Disruption: LPAs prevent potential legal complications and delays in managing your finances and healthcare.
  • Tailored to Your Needs: Two types of LPAs exist: one for property and financial affairs, and another for health and welfare decisions. Choose the one that suits your needs.
  • Empowers Your Loved Ones: Your attorneys act in your best interests, ensuring your wishes are carried out and your well-being is prioritized.

How Does an LPA Work?

  • Two Types: Choose an LPA for property and finances (managing bank accounts, selling property, etc.) or an LPA for health and welfare (medical treatment, daily care, choosing your residence).
  • Appointing Attorneys: Select trustworthy individuals over 18 years old to act as your attorneys. You can appoint one or more, specifying if they act jointly or independently.
  • Registration & Activation: The LPA needs signatures from you, your attorneys, and a certificate provider confirming your understanding. Once registered with the Office of the Public Guardian, it becomes legally binding.

How Does It Work?

Property and financial affairs Lasting Powers of Attorney are for decisions about finances such as selling a residential home and managing your Bank accounts and investments.

A Health and Welfare LPA is for decisions about your health and personal welfare, such as choosing where you live i.e. your home or residential care, daily needs or medical treatment.

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 who declares that the donor understands the purpose of the Lasting Powers of Attorney.

Once the appropriate signatures have been obtained the LPA of Attorney 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.

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 LPA is not available for those who no longer have the capacity to sign a legal document. Your family members or friends would have no option but to make an application to the Court of Protection, which can be a costly process.

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Why Choose Wildings Solicitors for LPA?

  • Experienced & Knowledgeable: Our dedicated private client solicitors possess in-depth expertise in LPA creation and registration.
  • Client-Centric Approach: We prioritize your individual needs and preferences, tailoring our guidance to your specific circumstances.
  • Compassionate & Understanding: We handle sensitive matters with empathy and understanding, ensuring a stress-free and supportive experience.
  • Efficient & Proactive: We work diligently to guide you through the process smoothly and minimize any potential complications.
  • Cost-Effective & Transparent: We offer competitive fees and maintain clear communication regarding costs throughout the process.

Looking for Wills & Probate Solicitor?

Wildings Solicitors are a modern, forward looking law firm with a strong combination of skills and resources offering an extensive range of services to individuals and business clients.

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Our Mission

To achieve the best possible outcome for our clients by delivering quality legal services.

Our Vision

To continue to develop our reputation for trustworthiness, respect for individuals, families and businesses.

Questions You Might Have (FAQs)

While not mandatory, an LPA safeguards your future and protects your loved ones from unnecessary legal complexities and emotional burdens.

Without an LPA, your family may need to apply to the Court of Protection for deputyship, which can be a lengthy and expensive process.

Yes, you can amend or revoke your LPA as long as you have mental capacity.

Fees vary depending on the complexity of your situation. We offer free consultations to discuss your specific needs and provide transparent fee estimates.

It is essential for us to give you right guidance, please do not delay to take the first step and contact us!

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