What is an LPA?
At Boyletts Law we can advise and help you to create a Lasting Power of Attorney
We provide a simple and friendly service to help you to create your Lasting Power of Attorney (also known as a LPA). We can advise you on both types of Lasting Power of Attorney and ensure the powers given to your attorneys are tailored towards your needs.
Our fees are based on a fixed fee and include all advice, meetings, telephone calls and correspondence. They include all work required to bring your Lasting Power of Attorney to full registration and we can also sign as your certificate provider. Meetings can take place at the office during the week and on a Saturday, or we provide a free home visit service.
Sadly there comes time in all of our lives when we require additional assistance. This may be due to getting older or having a physical or mental incapacity. When this happens having a Lasting Power of Attorney in place will enable you to get the assistance you require immediately, at a time when you need it the most.
If there is no Lasting Power of Attorney in place and you no longer have capacity to be able to create an LPA, then it will be necessary for an application to be made on your behalf to the Court of Protection for a Deputyship Order.
There is a misconception that if you are married or in a civil partnership, your spouse will automatically be able to deal with your bank account and pensions, and make decisions about your healthcare, if you lose the ability to do so. This is not the case. Without an LPA, they will not have the authority.
A Lasting Power of Attorney is a document which everyone should have. Whilst a Will takes care of your affairs in the event of your death, a Lasting Power of Attorney takes care of your affairs during your lifetime when you require additional help, or when you are no longer able to make these decisions yourself. The Lasting Power of Attorney enables you to choose people to assist you in these circumstances and these people are called your Attorneys.
There are two different types of LPA, one for Property & Financial Affairs and one for Health & Care Decisions:
Property & Financial Affairs: This LPA allows your attorneys to assist you with your bank accounts, paying bills and renting or selling property. Your attorneys can assist you with these matters with your consent while you have capacity, or on your behalf if you no longer have capacity.
Health & Care Decisions: This LPA allows your attorneys to make decisions about your health and care. It includes what you eat, what you wear and where you live. You can even instruct your attorneys to make decisions about end of life care. This LPA cannot be used unless you have lost metal capacity and are no longer able to make decisions about yourself.
Lasting Powers of Attorney are legal documents and they are to be used during your lifetime and they end on your death. Both types of LPA must be registered with the Office of the Public Guardian before they are able to be used. You must have capacity to be able to create a Lasting Power of Attorney and you are also able to cancel your LPA after it has been registered as long as you have the capacity to do so.
Lasting Powers of attorney are very powerful documents and it is important that you appoint people whom you trust to act in your best interests. This could be your spouse or civil partner, your children, family member or friend or you could choose to appoint a professional attorney such as a lawyer or accountant.
You can have up to four attorneys or you could choose to appoint two attorneys and then two replacement attorneys to act if those that you first appointed are no longer able to act for you.
It is a good idea to appoint more than one attorney – known as joint attorneys, but you decide how they can make decisions as follows:
jointly – meaning they work together on all matters
jointly and severally – where they may act together or separately, as they choose.
You may want to specify that attorneys must act jointly for specific decisions, such as selling a house, but they can act jointly and severally for all other decisions.
Your attorneys can reimburse themselves for any expenses such as travel or postage and they must keep a record of all receipts. Only professional attorneys can claim for their time in carrying out duties on your behalf.
In addition to your attorneys you also require a certificate provider. A certificate provider is a person who certifies that you have sufficient capacity to create an LPA. At Boyletts Law we are able to act as your certificate provider when creating your Lasting Power of Attorney.
You can cancel your Lasting Power of Attorney at any time after it has been registered as long as you have the capacity to do so.
If you no longer have capacity and a friend or family member has concerns relating to how your attorney is arranging your affairs then they can raise this with the Office of the Public Guardian.
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