10 January 2022 | Insight

Lasting Powers of Attorney (LPAs)

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Be in control of what happens to you.

Want to create a Lasting Power of Attorney? Contact our Private Client team today to arrange a no charge consultation 01284 767766.

An LPA is a legal document that lets you (the ‘donor’) appoint one or more people (known as ‘attorneys’) to make decisions on your behalf.

This gives you more control over what happens to you if, for example, you have an accident or an illness and can’t make decisions at the time they need to be made because you lack mental or physical capacity.

Typically, the following two types of LPA are used:

  • Health and Welfare; and
  • Property and Financial Affairs.

You can choose to make one type of LPA or both.

 

Your Health LPA will give an attorney the power to make decisions about things like:

  • Your daily routine, including for example: washing, dressing and eating
  • Medical care
  • Moving into a care home
  • Life-sustaining treatment

It can only be used when you are unable to make decisions.

 

Your Property and Financial LPA will give an attorney the power to make decisions about things like:

  • Managing a bank account
  • Paying bills
  • Collecting benefits or a pension
  • Selling your home

It can be used as soon as it is registered, with your permission.

 

We will retain the original registered LPAs in our safe storage and will request for a medical letter from the attending medical Doctor advising that the donor is mentally incapacitated or an authority from the donor, before releasing documents.

Your attorneys must always act in your best interests. This is particularly relevant when considering medical treatment or social care. If you have never discussed such issues with them, they may not know the care you would want and what you would regard as the minimum acceptable quality of life. If there is nothing in writing and a dispute arises over what is in your best interests, there is a question of how your attorneys be able to show they are only carrying out your wishes. We can advise you on the best way of recording your wishes.

Once the Lasting Powers of Attorney have been signed by you both and all of your attorneys, they will need sending to the Office of the Public Guardian (“OPG”) for registration. This takes around 3-6 weeks. Once they have been registered, we will forward certified copies to you.

There are fees payable to the Office of The Public Guardian for the registration of your Lasting Powers of Attorney which may be mitigated if certain pre-tax annual income requirements are met.  We’ll check this with you and submit the relevant mitigation as appropriate.

Make sure you have control over what happens to you should you become unable to make your own important decisions. Our Private Client team act for and support clients across Suffolk, Cambridgeshire, Essex and Norfolk. For more information on LPA’s and the process of registration get in touch with our team today on 01284 767766.

Please note this article is provided for general information purposes only to clients and friends of Atkins Dellow LLP. It is not intended to impart legal advice on any matter. Specialist advice should be taken in relation to specific circumstances. Whilst we endeavour to ensure that the information in this article is correct, no warranty, express or implied, is given as to its accuracy, and Atkins Dellow LLP does not accept any liability for error or omission.

© Atkins Dellow LLP 2021

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