A lasting power of attorney (LPA) is a legal document that lets you (the ‘donor’) appoint one or more people (known as ‘Attorneys’) to help you make decisions or 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 cannot make decisions at the time they need to be made (you ‘lack mental capacity’).
You must be 18 or over and have mental capacity (the ability to make your own decisions) when you make your LPA.
There are 2 types of LPA:
- Health and Welfare
- Property and Financial Affairs
You can choose to make one type or both.
Lasting Power of Attorney: Property and Financial Affairs
You use this LPA to give an attorney the power to make decisions about money and property for you, for example:
- Managing a bank or building society account
- Paying bills
- Collecting benefits or a pension
- Selling your home
It can be used as soon as it’s registered, with your permission.
Lasting Power of Attorney: Health and Welfare
You use this LPA to give an attorney the power to make decisions about things like:
- Medical care
- Moving into a care home
- Life-sustaining treatment
- Your daily routine, for example washing, dressing, eating
It can only be used when you’re unable to make your own decisions.
What Cost?
Lasting Powers of Attorney – Property and financial affairs AND/OR Health and Welfare Powers of Attorney. We charge a fix fee of £200.00 for each Lasting Power of Attorney. Our fees for both are £400.00. This does NOT include the fee payable to the Office of the Public Guardian for registering each document which is £92.00 for each Lasting Power of Attorney registered.
Your lasting power of attorney (LPA) document comes into use when you are unable to do some things for yourself. This is often misinterpreted as a document that is only for the older generation as they approach the age where illnesses, such as dementia, are more common. However, accidents are not determined by your age. They could happen at any time, to anyone. A Property and Financial Affairs Lasting Power of Attorney (LPA) can also be used for short term, temporary situations, as well as longer term. A Health & Welfare Lasting Power of Attorney (LPA) will only be used when mental capacity has been lost. They cannot be used before this, you will remain in full control of your decisions whilst you are still able.
Having a Lasting Power of Attorney takes away the concern that should a situation arise, you will have the necessary paperwork in place for someone to take action on your behalf; the reassurance that decisions would be chosen with the direction predetermined by yourself.
What does an LPA enable your attorney to do?
Property and Finance LPA: When you are unable to do so yourself, this enables your Attorney (That is your trusted person/ people) to:
Pay your mortgage
Access bank account (this is required for joint bank accounts)
Running savings account
pay utility bills
Investing money
Arranging repairs for property
Buying or selling property etc.
Health and Welfare LPA: Once you have lost mental capacity, this enables your Attorney (trusted person/ people) to:
Make decisions on route of care
Decide on treatments options
Refuse treatment options
Contribute to decisions on care home options
Who you should have contact with
What you should eat
What social activities you should participate in
Life sustaining treatment
WHAT HAPPENS IF I DO NOT HAVE A LASTING POWER OF ATTORNEY IN PLACE WHEN I AM UNABLE TO MAKE A DECISION MYSELF?
Your spouse/ partner will not be able to access/ make decisions regarding a joint bank account without you present. If your next of kin is not named as an attorney in an LPA they have no legal rights to make decisions or choices regarding treatment and welfare choices. Not uncommonly, families may have to go to court while their loved one waits in a hospital bed for critical decisions to be made. Your spouse/ partner will not be able to sell a jointly owned property without you being present. Without an LPA your loved ones will have to apply for a deputyship order with the Court of Protection. They only tend to appoint deputies for health and welfare in very limited circumstances and so normally an individual can only be appointed as property and financial affairs deputy. If a deputyship order is required, you may not be able to make any stipulations to your preferences or limitations of your deputies. If your loved ones have to apply for a deputyship order it can cost between £3,000- £10,000 initially, with ongoing annual costs. It can take up to 6 months to get a deputyship order in place.
WHAT HAPPENS WHEN I HAVE A LASTING POWER OF ATTORNEY IN PLACE WHEN I AM UNABLE TO MAKE A DECISION MYSELF?
Your spouse or partner will be able to access or make decisions regarding a joint bank account without you present. Many young adults have their parents named as their next of kin when travelling abroad, or prior to a hospital admission. As long as they are also named on an LPA, they will have a legal right with regards to information sharing and decision making. Your spouse/ partner will be able to sell a jointly owned property without you being present. With a LPA for Health and Welfare as well as Property and Finance you are covered by any eventuality both now and in the future. You are able to apply and register your LPA now, whilst you are able to choose your trusted person, and make any stipulations to your preferences and limitations of your attorney. If you apply for an LPA now then you only have to pay a small fee to us and a small fee to the Office of the Public Guardian (which in some circumstances can be reduced).Your LPA can be set up and registered in a timely manner.
IMPORTANT NOTE:
Don’t assume that if you’re married or in a civil partnership, that your spouse would 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 won’t have the authority.
