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Why plan ahead with a LPA?

We have adapted our will and LPA service to make them more accessible. During the current social restrictions caused by the Pandemic our will and LPA service will be available to you over Zoom and Skype. For those unable to use Zoom/Skype we are also offering the service over the telephone. Talk to us on 0113 320 5000 about making your will and LPA.

What is a Lasting Power of Attorney?

An LPA is a legal document that sets out your wishes and allows you to choose:

  • Who will make decisions/act for you (known as your attorneys)
  • How your attorneys will make decisions (if they make them independently, jointly or jointly in some situations and on their own in others)
  • What decisions are made (you can specify preferences and instructions)
  • There are two different types of LPAs, one deals with property and financial decisions and the other deals with health and care decisions.

Why is a Lasting Power of Attorney needed?

If you do not have an LPA and then lost capacity then your loved ones will have to apply to the court for a deputyship order. A deputyship order is more time consuming which could cause delays in your loved ones being able to make decisions on your behalf. Applying for a deputyship order is also more expensive and there are yearly fees.

Are Lasting Powers of Attorney necessary?

LPAs are necessary if you want to be in control of who will make decisions/act for you and how the decisions are made if you were unable to do so yourself. There is the possibility that you set up LPAs and then would never need to use them, but at least you would have peace of mind that if you did need them in the future they would be in place.

How do you register an LPA?

In order to register an LPA the completed LPA document needs to be sent to the Office of Public Guardian. When the LPA is registered, they then return the registered LPA in the post.

How long does it take to get an LPA in place?

Once the documents have been fully completed and sent to the Office of Public Guardian, it usually takes approximately 8 Weeks until it is registered.

When should I set up a Lasting power of attorney?

It is important to remember that an LPA can only be set up when you have full mental capacity. As mental capacity can be affected by unforeseen circumstances, if you postpone making an LPA you risk leaving it until it is too late.

Who signs an LPA?

The following people must sign the LPA:

  1. The Donor- this is the person who is appointing other people to make decisions and act on their behalf
  2. The attorney(s)- this is the person/people who the donor appoints to make decisions and act on their behalf
  3. Witnesses- the signatures need to be witnessed by a person who is not an attorney or replacement attorney.
  4. Certificate provider- this either:

- Someone who has known the donor personally for at least 2 years, such as a friend, neighbour, college or former colleague

- Someone with relevant professional skills, such as the donor’s GP, a healthcare professional or a solicitor

What is a property and financial affairs LPA used for?

This type of LPA gives your attorney(s) the ability to:

  • Manage your bank and savings accounts
  • Make or sell investments
  • Pay your bills
  •  Buy or sell a property on your behalf

When can a Property and Finance Lasting Power of Attorney be used?

This LPA can be used either only if you lose capacity or as soon as it has been registered (but only with your consent). Therefore, this LPA can be useful even if you have a physical reason of being unable to deal with your finances such as you are in hospital or on holiday.

Are you worried about losing mental capacity?

Do you need someone you know and trust to manage your financial affairs on your behalf if you do lose capacity?

If you answered yes to any of the above questions then you should consider securing a Lasting Powers of Attorney (LPAs).

If you wish to discuss matters further please arrange an appointment with one of our experienced advisors who will be happy to answer all enquiries.  Contact our team at wills@winstonsolicitors.co.uk or call us on 0113 320 5000.

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