Lasting Power of Attorney
Why Do You Need A Lasting Power Of Attorney (LPA)?
We believe that Making a Lasting Power of Attorney (LPA) is just as important as making a Will. This is because there may come a time in your life when you lose the mental capacity to manage your own financial affairs. Or you may become unable to manage your personal welfare owing to some form of illness, accident or incapacity.
Making a Lasting Power of Attorney allows You to appoint someone in advance. A person who you trust to make decisions for you should you lose the mental capacity to act for yourself in the future.
It is very important to make and register your Lasting Power of Attorney with the (OPG) Office of The Public Guardian sooner rather than later. This is because Lasting Powers of Attorney can only be made and registered. While you still have the mental capacity to do so.
Our Lasting Power of Attorney Service
Mind At Rest Legal Services offers a comprehensive Fixed Fee Lasting Power of Attorney Service to our clients. Starting with a free initial discussion about your Lasting Power of Attorney requirements. This helps you to make an informed decision as to whether you would like to use our LPA service.
Don’t Leave Making a Lasting Power of Attorney until it’s Too Late!!!
Once you have lost capacity you will not be able to make or register a Lasting Power of Attorney. So you won’t be able to choose who deals with your affairs. Instead, your friends or family members will have to apply for deputeeship through the court of protection. This process can take over 8 months and can become very costly.
Our Free LPA Consultation
Our initial LPA consultation is free and you are under no obligation to proceed at any stage. To discuss your requirements with us over the phone call us on 01473 760 761 or you can use our Lasting Power of Attorney Enquiry Form.
More Lasting Power of Attorney Info
LPA for Property & Financial Affairs
An LPA for Property and Financial Affairs allows your Attorney(s) to make decisions about the following:
- Buying and selling property that you own
- Opening, closing and operating your bank and building society accounts
- Claiming, receiving and using your benefits, pensions, and allowances
- Managing your day to day financial affairs
Your Attorney cannot make the following decisions:
- Making a Will on your behalf
- Voting on your behalf
- Access to your Will unless you have included a condition in your LPA that your Attorney can do so
Once your Property and Financial Affairs Lasting Power of Attorney has been registered with the office of the Public Guardian (OPG). Your Attorney(s) can make decisions for you.
Both when you have the mental capacity and when you lack mental capacity. Unless you have added a restriction to your Lasting Power of Attorney which states otherwise.
LPA for Health & Welfare
An LPA for Health and Welfare allows your Attorney(s) to make decisions about the following:
- Giving or refusing consent to particular types of healthcare including medical treatment decisions.
- Whether you stay in your own home
- Whether you move into a residential care home
- Choosing the right care home for you
- Day-to-day issues like dressing, daily routine, and diet
Your Attorney cannot make the following decisions:
- Consenting to marriage or civil partnership
- Consenting to a Decree of Divorce or Civil Partnership Dissolution based on 2 years separation
- Medical treatment for a medical disorder if the treatment is regulated by Part 4 of the Mental Health Act 1983
- Consenting to sex
Once your Health and Welfare LPA has been registered. Your Attorney(s) can only make decisions for you once you lack the mental capacity to make your own decisions under the Mental Capacity Act.
The Mental Capacity Act (MCA) helps to protect individuals who may lack mental capacity. To make their own decisions about their care and treatment.
The people involved in an LPA
A donor is a person who appoints an Attorney by making a Lasting Power of Attorney.
An Attorney is a person given the power to act on your behalf. Should you lose the mental capacity to make decisions for yourself.
A person who is to replace and acting Attorney should they die or become unable to act.
Person to be told
To ensure someone has not put you under pressure to make an LPA. You can choose up to 5 people to be told when an application is made to register your LPA. When an application is made to register a Lasting Power of Attorney.
Each person to be told is then contacted by you or your Attorney. So as to make them aware of your intent to register the LPA and ensure that any objections are raised early on in the process.
This is optional but is advisable if you feel an objection may be made at a later stage.
A certificate provider is a person who you (the Donor). Chooses who can confirm that you fully understand the implications of making an LPA. They also confirm you have not been put under pressure to make your LPA. And that it has not been completed fraudulently.
(OPG) Office of the Public Guardian
The Office of the Public Guardian (OPG) is the organization that protects people in England and Wales. Who may not have the mental capacity to make certain decisions for themselves. Such as about their health and finances.
The Office of the Public Guardian is responsible for:
- Taking action where there are concerns about an attorney or deputy.
- Registering lasting and enduring powers of attorney. So that people can choose who they want to make decisions for them.
- Maintaining a public register of deputies and people who have been given lasting and enduring powers of attorney.
- Looking into reports of abuse against registered attorneys or deputies.
- Supervising deputies appointed by the Court of Protection. And making sure that they carry out their work in line with the Mental Capacity Act 2005.