Whether you would like to create a Lasting Power of Attorney (LPA) to provide reassurance for the future, or you need to challenge on the LPA, we can help. We have in-depth knowledge of this specialist area and can answer any questions you may have.
There are two different types of Lasting Powers of Attorney:
- Health & Welfare
- Property & Financial Affairs
Before a LPA can be used it needs to be registered with the Office of the Public Guardian, which could take several weeks and incurs a registration fee of £82, although certain benefits are exempt and this fee may be halved if you have less than £12,000 in qualifying income. We would recommend that the LPA is registered straight away so that it can be used if needed. Such situations are often emergencies.
Health and Welfare
A Health and Welfare LPA enables you (the Donor) to appoint one or more individuals (Attorney or Attorneys) to make decisions for you relating to your health and personal welfare (e.g. choice of care home, contact with relatives and friends). This could also include giving or refusing consent to life sustaining treatment on your behalf.
This type of LPA can only be used if the Donor becomes mentally incapable of making their own decisions.
Property and Financial Affairs
A Property and Financial Affairs LPA enables you (the Donor) to appoint one or more individuals (Attorney or Attorneys) to manage your property and affairs at a time when you are no longer physically able to or lack the mental capacity to do so.
This type of LPA can be used by your Attorney or Attorneys as soon as it is registered at the Office of the Public Guardian. Alternatively, it is possible to restrict the LPA so that it can only be used if you become mentally incapable.
Enduring Powers of Attorney
Enduring Powers of Attorney (EPAs) can no longer be made and were replaced by Lasting Powers of Attorney on the 1st October 2007. EPAs made in the form prescribed by the Enduring Powers of Attorney (Prescribed Form) Regulations and correctly executed prior to this date remain valid.
Please note that an EPA will need to be registered if the Attorney has reason to believe that the Donor is losing or has lost mental capacity to deal with his or her own financial affairs.
EPAs only cover property and financial affairs.
Ordinary Powers of Attorney
Ordinary Powers of Attorney are short term documents allowing an Attorney to assist the Donor with their financial affairs for around twelve months or until a specific event occurs. The document will cease to be effective if the Donor loses mental capacity.
Advance Directives (otherwise known as Living Wills) allow you to state what you would like to happen in the event that you lose the capacity to make informed decisions about your medical care.
Please note that the grant of a Health & Welfare Lasting Power of Attorney after the date of the Advance Directive, which gives the Attorney the authority to give or refuse consent to medical treatment, will operate to revoke the Advance Directive.
An Advance Directive should be in writing, signed and dated by the person giving the directive in the presence of an independent witness who should also sign before printing their full name and address underneath.
Once a healthcare professional becomes aware of an Advance Directive failure to comply with it may amount to civil or even criminal assault.
Our work usually, but not exclusively covers:
- Advice on capacity issues
- Advice on the appointment of Attorneys and their duties
- Preparing LPA forms
- Registration of LPAs and EPAs with the Office of the Public Guardian
- Financial administration in connection with LPAs and EPAs
- Acting as Attorneys
- Revoking (cancelling) an LPA or EPA
- Disclaiming (retiring) from the position of Attorney
- Advance Directives
- Preparing Ordinary Powers of Attorney
For a quotation please contact Sharon Witcombe on 01934 533130/07477 612366 or by email firstname.lastname@example.org
The Alzheimer’s Society estimates that by 2025 more than a million people in the UK will have some form of dementia.
If a person loses mental capacity, and has not put into place a valid LPA or EPA, an individual or individuals will need to make an application to the Court of Protection for a Deputyship Order. The role of a Deputy is similar to that of an Attorney but the process can take two to three times longer and cost two to three times more than making an LPA. We therefore recommend that you make LPAs to ensure that there is someone appointed to act on your behalf should you become physically or mentally incapable of managing your property and affairs and mentally incapable of making decisions relating to your health and welfare.