Having a Lasting Power of Attorney (LPA) gives you more control over what happens to you if you have an accident or an illness and can’t make your own decisions.
The future is unpredictable and if your circumstances were to change due to an illness, disability or mental impairment, LPAs can protect you – which is why it is important to have them in place.
There are two types of LPA and our expert solicitors can give you the right Lasting Power of Attorney guidance to ensure that you are covered for any situation.
•Property and Financial Affairs – allows you to appoint someone who you trust to make decisions about finance and the way your property and affairs are dealt with.
• Health and Welfare – allows you to appoint someone you trust to make decisions on your behalf relating to your personal healthcare and welfare. This also includes decisions to either give or refuse consent for medical treatment.
LPAs are not only for the long-term future, but also as a safety net in case they are needed urgently. By organising an LPA sooner rather than later it allows you to plan the decisions you would want to be made and greatly ease the pressure of challenging situations in the future.
Edward Hands & Lewis solicitors specialise in Wills and Lasting Power of Attorney and are here on the High Street to help you with your LPA. Pop into your local branch and say hello to the team or call 0116 266 5394 to book an appointment. Edward Hands & Lewis is easily accessible for clients with offices nationwide across Leicestershire, Nottinghamshire, Derbyshire and London. For more information click here.
What is a Lasting Power of Attorney
When a person can no longer handle or manage their own affairs, this is when a Lasting Power of Attorney comes into play. This situation could happen to anyone at any age and be because of illness, disability or mental impairment. Simple matters will become impossible such as handling a bank or building society and purchasing a house.
In the event that you are no longer capable of handling or managing affairs and you don’t have a LPA in place, then it is put into the Court of Protection hands. They will appoint a Deputy who will manage all the affairs for you.
There are associated disadvantages to this as you will be expected to pay significant legal fees and Deputy won’t know about your personal circumstances.
Lasting power of attorney guidance
You have two types of lasting powers of attorney:
Property and Affairs LPA – allows you to appoint someone who you trust to make decisions about finance and the way your property and affairs are dealt with.
Personal Welfare LPA – allows you to appoint someone you trust to make decisions on your behalf relating to your personal healthcare and welfare. This also includes decisions to either give or refuse consent for treatment.
What happens if I don’t have an LPA in place? Court of Protection
A deputy order gives the appointed deputy or deputies the ability to make decisions on behalf of someone who has lost the capacity to make decisions for themselves. To obtain a deputy order an application must be made to the Court of Protection. If the application is successful the Court will grant a deputy order setting out the deputy’s powers. There are two applications that can be made one being in relation to finances and the other health and welfare.
The powers may relate, for example, to the person’s finances, property or accommodation (including where they live or whether they go into care), their medical treatment and other healthcare issues, and their personal welfare. The powers given depend on the person’s needs.
You will need to make a deputy application when there is no Lasting Power of Attorney (or Enduring Power of Attorney) in place and the person in question no longer has the mental capacity to appoint attorneys.
Our experts can give you the right Lasting Power of Attorney guidance to ensure that you are covered by the right type.
The information provided in all of our blogs reflects only a narrative of some elements to consider on the topic. The blogs do not contain considered legal advice and should not be relied upon as advice. Please see our website terms and conditions for full details of our disclaimer. If you are interested in obtaining advice, please contact one of our lawyers who will be happy and able to advise you on your own particular circumstances.