Lasting Power of Attorney
What is a Lasting Power of Attorney
and how will it help me?
Lasting Power of Attorneys (LPA) were introduced as of the 1st
of October 2007 as a replacement for Enduring Power of Attorney
A Lasting Power of Attorney is a legal document that ensures
someone you trust will handle your Property affairs and/or Personal
Welfare in the event of you becoming mentally incapacitated through
Alzheimer's or an accident etc.
A Lasting Power of Attorney is very important to you as you may need someone
to help you make the decision and organise the special care that you may
need.
Nobody knows what the future holds, a Lasting Power of Attorney is `insurance'
against any problems that may arise.
If it is never used, so much the better, however, once registered it can
be used straight away.
This means that your attorneys can, for example, look after your affairs
whilst you go on holiday or it can be stored away and only put into effect
in the event of a loss of your faculties.
There are two types of Lasting Power of Attorney, you can choose one or
the other or you can have both if you prefer:
• LPA for Property and affairs
These are similar powers to that of the old Enduring Power of Attorney System.
It allows your attorney to operate bank accounts, make investments, sign
tax returns, and purchase property for your main place of residence.
This power can be used before you lack mental capacity unless you restrict
this power.
• LPA for Personal Welfare
This covers matters such as where you live and who should provide your care
and medical treatment.
This power does not extend to refusing life sustaining treatment unless
your LPA expressly says so.
This power can only be used after you lack the capacity to make the decision
for yourself.
This is relevant to you now!!
We all know we should make a Will, but here at Willcraft we believe that
we all have need of a Lasting Power of Attorney as well, but this is a little
known fact.
Ask any financial adviser! People can become unable to manage their own
affairs at any stage of life. An accident or the onset of mental illness
may make the everyday routines of paying bills, managing a budget and making
financial decisions difficult and stressful and in some cases impossible;
like selling your home or cashing in investments that need both signatures.
Old age may be the most common cause of mental incapacity, but such incapacity
(for example accident or illness) may exist in other circumstances and is
not depending upon age or other `foreseeable' circumstances. Prevention
is better than cure.
What happens if I don't have a Lasting Power of Attorney?
Close friends and family (including your spouse/partner) do not automatically
have the right to take over.
The LPA has been created to ensure that whilst you are of sound mind you
can appoint someone you trust to look after your affairs if it becomes necessary
and it also means you won't have to pay unnecessary expenses in the future.
Without an LPA the Office of the Public Guardian will appoint a Receiver
to act on your behalf. This process takes time whilst bills cannot be paid,
affairs cannot be looked after and the cost of this process is expensive
when compared to the cost of making your Lasting Power of Attorney.
With an LPA in place there would be no Office of the Public Guardian charges
or solicitor's fees payable and no annual fees charged by the court. This
could mean a possible saving of many thousands of pounds over the years.
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At Willcraft Services, we pride ourselves on achieving world class standards
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clients if member firms should cease to be in business in the future. All
members demonstrate the highest standards of practice ensuring peace of
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