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As you get older you might find you need help dealing with your everyday financial affairs or health decisions.
If you would rather focus upon enjoying life now, with peace of mind from knowing you have made your wishes regarding your personal welfare clear, one of the best ways is to prepare a Lasting Power of Attorney as part of any wills and probate arrangements.
Furthermore, if you have an elderly relative who is beginning to suffer from lack of memory and confusion, it is important to talk to them about making a Lasting Power of Attorney as soon as possible.
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What is a Lasting Power of Attorney (LPA)?
A Lasting Power of Attorney is a straightforward legal document authorising someone you trust to make decisions and act on your behalf in the future if you are unable to.
The Power of Attorney document also includes safeguards to protect your interests. You can trust Poole Alcock to advise you or your relatives on the best way to use this important document to plan for the future.
If, for some reason, you do lose mental capacity and you do not have an LPA in place it can be a very complicated and costly for your family to deal with these issues. They may need to apply to the Court of Protection for authority to deal with your finances and may not be consulted on your wishes regarding medical treatment and care.
Types of LPA
Lasting Power of Attorney – Health and Welfare
This type of LPA ensures your preferences for medical treatment and ongoing care are taken into account. This will ensure that an LPA can only be used if you lack mental capacity and are unable to make decisions for yourself.
Lasting Power of Attorney – Property and Financial Affairs
This type of Lasting Power of Attorney is used to ensure your finances are protected. It can be used for setting up payments, handling bank affairs or dealing with property transactions. This type of LPA can be used while you still have mental capacity, which can be particularly useful if you become less mobile or if you travel a lot and are often out of the country, to ensure your nominee can handle financial decisions on your behalf.
Court of Protection
The Court of Protection deals with all issues affecting vulnerable and incapable adults, including financial affairs and medical treatment. If you find yourself having to manage the affairs of someone who is no longer able to make decisions for themselves, you can apply to the Court of Protection to be made a ‘Deputy’.
Applying to the Court of Protection can be a complicated process. Our solicitors have years of experience in dealing with these issues and can apply on your behalf, making it much easier for you to concentrate on caring for your loved one.
Legal guidance for preparing a Lasting Power of Attorney
Support from a qualified and experienced solicitor is crucial when preparing a Lasting Power of Attorney. The team here at Poole Alcock have gained a strong reputation for providing clear and empathetic guidance to help you to plan for the unexpected.
We will guide you through the entire LPA process, explaining precisely how an LPA will work, help you to identify the appropriate nominee who will be able to make crucial decisions on your health or finances and ultimately guarantee that you are appropriately protected in the future.
There are two types of LPA:
A Health and Welfare LPA is to make decisions about:
A Property and Financial Affairs LPA is to make decisions about:
To make an LPA with Poole Alcock, the cost can vary between £742 and £1,408; this will depend on whether they are for a single person or a couple and if you would like both types of LPAs.
Single LPA – £550 plus VAT and then £82 registration fee
Single (both LPA types) – £650 plus VAT and then £164 registration fee
Couple LPA – £750 plus VAT and then £164 registration fee
Couple (both LPA types) – £900 plus VAT and then £328 registration fee
You do not have to use a solicitor to make an LPA, however, it is advised that you do to ensure the LPA can be used how you want it to be used and will not fail.
Following a divorce, if your spouse is appointed as your Attorney, this will come to an end unless your LPA specifies otherwise.
As long as they are over 18, you can choose anyone to be your Attorney. You should think about who you trust to be your Attorney and be sure they will act in your best interests.
Specifically for the Property and Financial Affairs LPA, your Attorney cannot be bankrupt.
Partner - Head of Wills & Probate
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If you would prefer, you can contact us on 0800 470 0335.