Lasting Power of Attorney

A LASTING POWER OF ATTORNEY IS A LEGAL DOCUMENT THAT SAFEGUARDS YOUR FUTURE.

  • Appoint and empower people you trust to act as Attorneys and make decisions on your behalf.
  • Save your loved ones time and thousands of pounds making a retrospective Deputyship application to the Court of Protection.
  • Enforce legally binding conditions and restrictions on those making decisions on your behalf.
  • Ensure decisions can be made immediately after you become incapacitated.
  • Ensure your loved ones can access vital bank accounts/funds.
  • Spare yourself and your loved ones unnecessary distress.
In the event that you became incapacitated, who would you want to look after your health, welfare, property, and financial affairs? Your family and friends, or the Local Authority?
If you care about what happens to your Estate after you die, you should care equally – if not more – about it whilst you’re still alive!

WE CAN PRODUCE AN LPA FOR YOU!

WHAT IS A LASTING POWER OF ATTORNEY?

A Lasting Power of Attorney is a legal document giving one or more people, known as Attorneys, the legal authority to make decisions on your behalf should you lack mental capacity at any point in the future.

ARE THERE DIFFERENT TYPES?

Yes. There are two main types of Lasting Power of Attorney, and you can choose to make one or both:
Health and Welfare: This can be used to give an Attorney the power to make decisions about matters such as your daily routine (washing, dressing, eating, etc.), medical care, moving into a care home, and life sustaining treatment. It can only be used when you are incapacitated and unable to make decisions for yourself.
Property and Financial Affairs: This can be used to give an Attorney the power to make decisions about matters such as managing bank or building society accounts, paying bills, collecting benefits or a pension, continuing your business, and selling your home. It can be used as soon as it’s registered (with your permission) or when you are incapacitated and unable to make decisions for yourself.

CAN'T I JUST MAKE A LASTING POWER OF ATTORNEY WHEN I NEED IT?

No. Nobody likes to think that they may lose capacity, but the unfortunate reality is that many people do. If you become incapacitated without making one or both Lasting Power of Attorney it is too late to make one.
You must be mentally capable to make a Lasting Power of Attorney, so if you do not have one by the time your really need it, then it is too late.

WHAT HAPPENS IF I LOSE CAPACITY AND DON'T HAVE A LASTING POWER OF ATTORNEY?

If you become incapacitated without making and registering one or both Lasting Power of Attorney:

  • All of your financial arrangements will be frozen.
  • Loved ones will be denied access to your bank accounts, even if they are a joint account holder.
  • Loved ones must submit an application to the Court of Protection to be appointed as a Deputy.
  • The Deputyship application process can take over 9 months and is very costly.
  • You do not choose your own Deputy or have any input, so they may not be the person you trust the most to make vital decisions on your behalf. There is also a possibility that the Court may appoint a Court Official to act as your Deputy. If this happens, more costs will be incurred.
  • Only one Deputy can ever be appointed at any one time. If a change of Deputy is required, the whole application process starts again and incurs additional fees.
  • Deputies must be supervised by the Court of Protection, so annual supervision fees of up to £800 per year are payable.

IS ESTATE PLANNING REGULATED BY THE FINANCIAL CONDUCT AUTHORITY (FCA)?

No, please be aware that Will Writing and Estate Planning is not regulated by the Financial Conduct Authority (FCA).