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Advice

Why leave setting up an LPA until it is too late?

Emily Spencer Emily Spencer
2 min read

A Lasting Power of Attorney (LPA) is an important legal document that gives you the control to specify who you would want to make decisions if you were unable to make decisions (relating to your property and finances and/or health and care) in the future.

In order to set up an LPA, one of the requirements is that you need to have full capacity (understanding). The documents have been designed so that each LPA document requires a signature from a ‘certificate provider’ who must only sign the document if they believe that you have the ability to understand the document and that no-one is pressuring you to sign the document.

A loss of capacity is not just caused by developing dementia, for example it can occur through suffering a physical accident or as a result of a stroke. The requirement to have capacity before being able to set up an LPA means it is so important  that  there should be no delays in setting up an LPA, after all no one can predict when something may occur that would affect our capacity.

If you have not set up an LPA and then lost capacity, your loved ones would need to apply for a deputyship order in order to make decisions on your behalf. Applying for a deputyship order takes considerable more time and is more expensive than applying for an LPA. If an LPA was in place your chosen attorneys would be able to act as soon as you lost capacity (or sometimes before with your consent if it is one relating to your finances) rather than being unable to make a decision until the deputyship order is finalised.

There is an obvious risk that putting an LPA at the bottom of your ‘to-do list’ may result in more costs and delays in the future. So, why take the risk of leaving it till it could be too late? 

Client feedback

Emily clearly explained the process to have an Lasting Powers of Attorney for Property and Finance and Health and Welfare.She communicated with precision giving the client the needed information .I would definitely recommend her .
Rosamund
I was dreading the probate process after my husband sadly died earlier this year. Friends who had been in the same situation warned me it could take months or even years. I didn't even know what it involved, it was a complete mystery to me!Thank good ness for Emily Spencer at Winston solicitors who talked me through the whole process and told me what information I needed to complete the paperwork. Emails and phone queries were answered very promptly and once I'd submitted all the figures the grant of probate was applied for by Emily and was returned within a few weeks, not months! Great result and nothing like the trauma I was anticipating.
Patricia
Very handy as a local north Leeds firm, no need to travel to Leeds. Understood exactly what we required and prepared the documents carefully and quickly. Kept us informed as to progress throughout. I would recommend them for any private client work.
Michael
I have always had friendly and efficient service from Winstons
Carol
The service I recieved regarding wills and powers of attourney, were handled in a very professional and sympathetic manner. Thanks must go to Monika for leading me through the" legal minefield" involved. My late wife and I originally used Winstons years ago for all our legal dealings at the time and we could honestly say we could not have chosen better.
David
My Will was written during Wills Month via St Gemma's Hospice. The service was quick and efficient. I have only given 4 stars as there was an error in the original draft.
Anonymous
Monika in particular was very professional, efficient, friendly and helpful when drafting our wills
Brian
Monika is extremely trustworthy, professional and experienced. Have very much felt in safe hands during a very difficult and stressful time of my life. Would highly recommend.
Zoe
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