Lasting Power of Attorney – think the unthinkable while you can
It’s not easy for most people to consider there might come a time when due, dementia, a stroke or some other progressive impairment you won’t be able to manage your own affairs. Some are never able to address the possibility and when they become incapable they have no trusted person in place to act on their behalf in their best interests under the authority of a Lasting Power of Attorney (LPA).
It’s a gloomy prospect and in such circumstances the following could well happen:
• Both joint and sole name bank accounts are frozen so no bills will get paid.
• No decisions regarding property can be made, if for instance your home has to be sold.
• Decisions regarding your health and well being will be delayed or not made.
• Any business you own or run could be thrown into chaos if you’re unable to make day-to-day decisions or authorise expenditure, for example
• It could take up to a year for the Court of Protection or another legal authority to begin managing your affairs – it can be a costly and slow process.
When you become incapable of managing your affairs – the very stage when an LPA is necessary – is it is no longer possible to make a LPA, as the subject of such an order has to have the mental capacity to understand what they are doing and what powers they are transferring to their attorney.
Act now! Contact one of our Salisbury-based solicitors to see how we can give you the protection of an LPA.
The Lasting Power of Attorney sounds like a good idea. So what happens now?
Talk to us
Our solicitors will work out with you whether you need just a Property and Affairs LPA to look after your money and property, or also a Personal Welfare LPA which gives your attorney power to make decisions about non-financial aspects of your life [such where you live and what medical treatment you get]. The Personal Welfare LPA only comes into effect after you’ve lost mental capacity; the Property and Affairs LPA can be active before that capacity is lost.
Our solicitors will also supply you and your attorney to be with copies of guidance about making an LPA, issued by the Office of the Public Guardian (OPG). These are essential reading.
Appoint your attorney
This can be anybody you trust, who is over 18 and who is not bankrupt.
Appoint a Certificate Provider
You need to appoint a ‘Certificate Provider’ who must be a person who has known you for at least 2 years or be someone with the relevant professional skills to certify the LPA, such as a doctor or solicitor. Their job is certify that you understand the effects of the LPA, i.e. that you agree who is to be appointed as your attorney and the extent of the power that will be transferred to them. You will not be able to register your LPA without first having appointed a Certificate Provider. You also have the right to:
• Appoint an replacement attorney if the original attorney can no longer undertake the role.
• Attach restrictions and place conditions on the attorney.
• Provide decision making guidance for the attorney.
• Nominate those you want informed about the registration of the LPA.
Register your Lasting Power of Attorney
Our solicitors will ensure that all the necessary forms are correctly completed and signed and lodge them with the Office of the Public Guardian for you. There is registration fee payable, presently £150. Your attorney will have no power to act on your behalf until your LPA has been registered and so do not be tempted to complete the forms and then wait for a period before you have the LPA registered. If you leave it too long…… Well, that’s where we came in isn’t it?
For help with a Lasting Power of Attorney in Salisbury, talk to us first
• Just call our team on SALISBURY (01722) 4223000 OR
• e-mail us at salisbury@bishopslaw.com OR
• complete the online enquiry form below