POWERS OF ATTORNEY.
Recognised as a vital element of future planning, we advise putting a power of attorney in place, sooner rather than later.
Lasting Powers of Attorney
A Lasting Power of Attorney (LPA) lets you appoint someone to make decisions on your behalf. It is usually used when someone is unable to make their own decisions. To ensure certainty, they should be made long in advance of that person losing capacity.
Anyone over the age of 18 can make a Lasting Power of Attorney. They are very practical and useful documents. LPAs ensure that should you be unable to make decisions for yourself, there is always someone chosen by you who can step in.
If you don’t make an LPA then no one can automatically assume this authority, and the matter could end up going to Court. It would then be the Court who would decide who could act for you and this is both costly, time consuming and extremely stressful for the family or carers.
There are 2 types of LPAs:
Health & Welfare
This type of LPA lets you choose 1 person or more to make decisions about things like your daily routine (e.g. what to eat and what to wear), medical care, moving into a care home, refusing life sustaining treatment;
Property & Financial Affairs
This type of LPA lets you choose 1 person or more to make decisions about money and property for you. For example, paying bills, collecting your benefits, selling your home.
It is important to remember that a Health & Welfare power can only be used if you become unable to make your own decisions; whereas a Property & Affairs power can be used at any time once registered at the Office of the Public Guardian.
As you will appreciate, both of these documents are vital. We highly recommend the application is made by a solicitor qualified and experienced in Court of Protection and mental health work. We are lucky in that Meiniris a member of the Law Society Mental Health Accreditation Scheme. She is excellent at dealing with elderly clients and assessing capacity and regularly appears before the Court of Protection and Mental Health Tribunal for Wales.
For Business Owners
It is essential for business owners to make LPAs to ensure the smooth running of your business. Business continuity is a key element in business planning and you must take steps to ensure that if you could not take care of the day-to-day running of your business then you have someone in place to assume this role.
You can choose to make one or both of these powers and we can take your through the options available to you and the paperwork involved to make sure that you get it right.
A Lasting Power of Attorney can only be used if it has been registered with the Office of the Public Guardian for which there is a fee.
It can take up to 8 weeks to register your Lasting Power of Attorney. You can cancel a Lasting Power of Attorney at any time, even if it has been registered, as long as you still have the capacity to do so.
What are Enduring Powers of Attorney?
Enduring Powers of Attorney were replaced in October 2007 by Lasting Powers of Attorney in England and Wales. They can still be used if they were made and signed before October 2007.
What do we charge?
Property & Financial Affairs £249
Health & Welfare £249
Our charges are for the preparation and registration of each LPA.
There is a small postage charge of £7.50, as we send all of our LPA applications to the OPG by secure post for your peace of mind.
The fee payable to the Office of the Public Guardian for registering each LPA is currently £82. You do not have to register the document straightaway, but we strongly recommend that you do.
Please get in contact with us if you need help or assistance with any of the following:
Property & Affairs
Health & Welfare
Enduring Powers of Attorney
Court of Protection