Category: Lasting Powers of Attorney

When you consider your long-term plan for yourself, you should think about who will make decisions for you if you become mentally or physically incapacitated. 

You require two types of Lasting Power Of Attorney, one that covers property and financial affairs and the other that covers health and welfare. 

When setting up a Lasting Power Of Attorney for Property and Financial affairs or Lasting Power Of Attorney for your Health and Welfare, you need to work with a Solicitor experienced in Wills, Lasting Powers Attorneys, Trusts, and Probate to ensure you receive the best guidance.

Lasting Power Of Attorney For Property And Financial Affairs

A Lasting Power Of Attorney(LPA) is a legal document which enables you to give a person or persons of your choice the legal authority to make decisions for you on your behalf.

A Lasting Power of Attorney for Property and Financial Affairs can be used for:

• Managing your bank and investment accounts
• Renting, buying or selling your properties
• Repairing or renovating any properties you may own if it is required
• Paying bills for your household and personal expenses
• Paying for your residential care home or nursing fees
• Collecting any income you may receive, such as state benefits, employment income or pensions
• The purchase of any personal items or necessary equipment that is needed
• The purchase of small gifts to give from you for things such as a wedding, birthday or holiday

You can also set limits for your attorney regarding the kind of decisions they can make on your behalf.  You can cancel your LPA at any time should circumstances change.

A Lasting Power Of Attorney For Health And Welfare

Under your Health and Welfare Lasting Power of Attorney, your Attorney will be able to make decisions about care, long term care or medical treatment on your behalf.

The following are the situations which demonstrate how it can be used:

• Your Attorney can give consent to treatment or refuse life-sustaining therapies or medicines to be used based on your wishes
• If you suffer from a degenerative medical condition and anticipate its progression will deteriorate,  your Attorney will be able to help organise whatever you require to ensure that you are well looked after.
• If you become mentally unable, your Attorney will be able to make decisions to support you to stay in your home if they are able to get a carer to help you.  If it becomes unsafe for you to stay at home, they will have to make arrangements for you to go into residential care. 

Choosing someone you trust while still able is critical.  If you lose capacity before you choose an Attorney, your loved ones will have to make an application for a Deputyship. Order at the Court of Protection.  The process is expensive, time consuming and complicated.

Let Us Help You With Your Lasting Power Of Attorney

We understand that planning for the future can be stressful and the sensitive nature of these conversations. We will help you prepare for your future and ensure your wishes are followed. 

At Elizabeth Middleton Solicitors, we believe in treating everyone with kindness and respect. Our expert legal team specialises in Wills, Probates, Trusts, and Lasting Powers of Attorneys. Gain peace of mind today, and contact us to learn how we can help you.

If something happened to you tomorrow, could your family and loved ones rest easy knowing your affairs are being taken care of? While it may not be a pleasant subject to face, the fact is that we should all be prepared for the eventuality that an accident could happen and potentially leave us incapable of making necessary decisions about our lives. 

Although this may be a difficult, unpleasant, or even tedious situation to envision, making sure that your affairs are in order is a vital step in making sure that your wishes can be met and your family and that your loved ones are provided for. 

For this reason (and many others), everyone should appoint at least one trusted individual as their Attorney to ensure that their wellbeing is well handled if anything unexpected should happen. This article will explore some of the most important information you should keep in mind when choosing how to appoint your Power of Attorney. 

What is a Lasting Power of Attorney (LPA)?

A person with LPA has the power to make legal and health decisions on your behalf if you become unable to make those decisions yourself.

There are two different kinds of LPA, which can cover either financial affairs or health and wellness choices. It’s possible for a single person to be granted both kinds or to grant LPA over one category but not the other. 

Choosing a Lawyer with LPA

It’s critically important to pick a good candidate when it comes to choosing the person who will have legal power over your affairs. While it’s possible to appoint a professional solicitor with LPA, it’s common to appoint a spouse, friend, or relative to the position as well. 

Any individual you choose must be at least eighteen years of age, must have the mental capacity to make legal decisions, and of course, must be someone you trust to handle your affairs and respect your wishes. 

Appointing More than One Attorney in Fact

Is it possible to appoint more than one person with LPA? The short answer is yes, but there are multiple factors to consider.

How Many Attorneys Can I Appoint?

Technically, you can appoint up to four people to have LPA over your affairs. 

Multiple Attorneys: Jointly or Individually? 

When appointing LPA to multiple parties, you have an important choice about how decisions will be made. 

• Working Jointly Together – In this situation, all attorneys who are appointed in the LPA must come to an agreement before making a decision. This is valuable if you specifically want all the parties involved to be in agreement on certain topics but also poses a risk – opposing views can hold up a final decision, potentially leaving you without care. 
• Working Jointly or Individually – The more flexible (and popular) option allows people with LPA to make decisions either as a group or individually.

The Advantages of Having More Than One Attorney 

There are several reasons why someone may want more than one person to have LPA over their affairs – first and foremost is the fact that it can be advantageous to have more than one perspective when making important decisions. 

Even if you completely trust someone to have your best interests at heart when making decisions on your behalf, it may be valuable for their decisions to be tempered by someone who knows you in a different capacity (say, a close friend as opposed to a relative), or by someone with a different stake in your financial or medical decisions. 

For example, you might want your spouse to have direct control over your finances, while you may prefer a friend to make a difficult decision about continuing your life support. It all depends on your personal circumstances and wishes.

Replacement Attorneys 

The second major advantage of appointing more than one person with authority to make decisions under your LPA is that it allows you to have a backup Attorney if one of the people you have chosen can no longer act. 

Schedule an Appointment with Elizabeth Middleton Solicitors

We know that thinking about the future can be stressful. We believe that everyone should be treated with respect, kindness and receive a personal service that meets their needs in a relaxed, un-rushed environment. 

Elizabeth Middleton Solicitors is here to help you prepare for the future and ensure your wishes are followed, which is why our expert legal team specializes in Lasting Power of Attorney, Wills, Probate and Conveyancing. 

Don’t wait for life to happen – Get in touch today to learn more about our LPA services and gain the peace of mind that your future is taken care of.

The Office of Public Guardian (OPG) receives an average of 67,000 Lasting Power of Attorney (LPA) applications monthly. Out of those applications, approximately 15% contain errors.  

Unfortunately, when there are mistakes on your LPA, your application will be returned to you, making the process take longer. It takes the OPG approximately 8 months to register an LPA.  

Today, we will discuss the nine most common errors people make when creating a lasting power of attorney.

#1. Missing Pages or Mixing Up Pages

There are two types of LPAs. The first is called a Property & Financial LPA. A Property & Financial LPA deals with giving someone authority to make decisions about your property and financial affairs.

The second is known as a Health & Welfare LPA. This LPA gives someone the authority to make decisions regarding your personal health and welfare.

If you are applying for both types of LPAs, pages can get mixed up unintentionally. As a result, the OPG cannot complete either application and must return them to you when this happens.

#2. Signing the Application in the Incorrect Order

The document has a specific order in which those involved must sign the application. In addition, the dating on the document must also follow a particular order. Therefore, it’s crucial to sign everything in order, avoid signing the application page acknowledging signatures on all other pages before they have been signed, and do not use future dates. 

#3. Not Having the Correct Signatures

For a document to be legally binding, it must be signed and witnessed. All LPA documents have additional steps to be completed, such as having a Certificate Provider and registering the document before it is considered valid. If any of these signatures or details are missing, the document will be deemed invalid, and the OPG will reject it.

#3. Naming a Family Member as Certificate Providers

The Certificate Provider has to decide that the person signing the LPA has the necessary mental capacity to do so. They cannot be related to anyone named on the application and must have known the Donor for at least two years before signing the LPA. The Certificate Provider can also be a trained professional who can make an accurate judgment on the Donor’s mental capacity at the time of the signing.

#4. Signing in the Wrong Boxes

Your applications must be signed in the appropriate boxes, and someone must witness the signatures. The witness must then write their full name and address and sign the document.

#5. Using a Pencil, Tipp-Ex, or Submitting Photocopies

If you use a pencil or Tipp-Ex, the Office of the Public Guardian cannot tell if the document has been amended, and if so, who did it. Therefore they will not register any applications using a pencil or Tipp-Ex. 

They also do not accept photocopies of applications. Only original documents will be accepted.

#6. Binding Your Application

When received by the Office of the Public Guardian, all applications get scanned into their system. If you have bound your application, the binding will need to be removed. If they remove the binding, your application can be damaged, and if they cannot remove the binding, they will not process your application.

#7. Not Being Specific Regarding Life-Sustaining Treatment

The use of life-sustaining treatments is a matter of life and death. Therefore, you must be clear on your decision on the use of life-sustaining treatments. If the instructions aren’t clear or contradictory, the OPG will not process your application.

#8. Contradictory Instructions 

Another thing that can make your LPA invalid is having instructions contradicting each other. This frequently happens in appointment types when someone appoints joint and several attorneys and then later instructs them all to make decisions. 

#9. Making Unlawful Requests

If the Office of the Public Guardian considers something on the application unlawful, they must go to the Court of Protection for guidance. Although this doesn’t necessarily invalidate your LPA, it can slow the process down.

The Office of the Public Guardian may refuse to register your Lasting Power of Attorney if it contains any of the following things:

• Instructions on assisted suicide or criminal activity
• Property & Financial LPA related to Health & Welfare matters and vice versa
• Requests to follow the decision of someone who is not an attorney 

Avoid Mistakes! Turn To The Experts at Elizabeth Middleton Solicitors

To avoid mistakes in getting your LPA set up, turn to Elizabeth Middleton Solicitors. We know that everyone’s circumstances are different, and we will work with you to make sure that your wishes are communicated properly. Creating an LPA is part of a comprehensive plan for your future, and we will make the process as simple as possible.

We provide consultations in our private office in Winnersh Triangle or from the comfort of your own home. 
Contact us today to schedule your consultation.

Having a lasting power of attorney (LPA) in place is one of the most logical and important decisions you can make in your life. When deciding to create an LPA, you may ponder the thought of a do-it-yourself LPA instead of enlisting the help of a solicitor. Creating your own LPA may seem cost-effective at the time, but in the long run, it can cost more than you may know.

If an LPA is completed incorrectly or information is missing, it can be left open to abuse or can even be deemed invalid. In this article, we will be addressing the risks of creating a DIY lasting power of attorney and what could happen if your LPA is considered invalid.

What a Lasting Power of Attorney Does

An LPA is a legal document that allows the donor (that’s you) to appoint individuals (referred to as the attorney) who can make decisions for you if you become unable to make those decisions yourself. The two types of LPAs are Health & Welfare and Property & Financial Affairs. In the case of either LPA, you can name one person as your attorney, or you can name multiple people who will work together to make all decisions.

Health & Welfare LPA

A Health & Welfare LPA will give an individual that you trust the authority to make decisions on your medical care. Some of these decisions can include:

• Medical treatments you receive
• Where you receive care
• What type of care that you receive
• Assistance with daily routines such as eating or washing

Property & Financial Affairs LPA

In a Property & Financial Affairs LPA, the appointed attorney makes decisions regarding your assets. The person you name as your attorney should be someone you trust, as they will have access to personal information. Some of the decisions that your attorney can make may include:

• Paying household and medical bills
• Collecting and claiming benefits
• Maintaining property that you own
• Selling property that is in your name

Risks of a DIY Lasting Power of Attorney

Having an LPA will give you peace of mind knowing that someone you trust will be in charge of making decisions on your behalf if something happens to you. However, more and more people are turning to templates to create their LPA without seeking the advice of an experienced solicitor. Here are some of the risks you take when drafting your own LPA.

The Application May Contain Mistakes

The Office of Public Guardian (OPG) has reported that approximately 15% of the LPA applications they receive contain errors. When an application contains errors, they either cannot register the application, or the process will take longer than usual.

The Applicant Doesn’t Have Full Mental Capacity

If the donor doesn’t have the full mental capacity to understand what they are doing and the consequences of their actions when creating an LPA, the LPA is not valid. The Court of Protection will then step in and appoint a deputy to make the necessary decisions for the donor.

Fraud

One of the biggest dangers of a DIY LPA is that someone with dishonourable intentions could influence the donor into signing something without fully understanding the ramifications. When you enlist the help of a solicitor in drafting your LPA, not only will they ensure that the document is correct, but they also provide support and advicel to the donor. In addition, they can ensure that the appointed attorneys are aware of their duties and know the limits of their power.

Also, to be valid, an LPA requires a certificate from an independent third party that confirms the donor understands the document’s purpose and the powers they are giving to the named attorney. When you work with a solicitor, they can provide that certificate.

What Happens if You Don’t Have a Valid LPA in Place

If something happens to you and you do not have a valid LPA in place, your loved ones would have to apply with the Court of Protection for a Deputyship Order. It can take months for a Deputy to be approved, and during this time, all of your assets will be frozen. When the courts are left to appoint a deputy, there is also the risk of having a deputy appointed that you would not have chosen yourself.

Allow Us to Assist You With Vital Estate Planning Documents

Powers of attorney are valuable estate planning instruments because they enable people to nominate others to manage their financial and healthcare matters if they are no longer able to make choices for themselves. Estate owners, on the other hand, should exercise caution when selecting an agent.

At Elizabeth Middleton Solicitors, our estate planning lawyers can assist you in establishing or revoking your Lasting Power of Attorney and avoiding future issues. 
Contact us today to discover more about all the vital legal advice or get answers to any related questions you may have.

A Power of Attorney is a document that enables you to nominate a person to be your legal agent. The legal agent (or attorney-in-fact) is the individual you choose to represent you. It is essential to consider that you elect an agent on whom you can rely. If you have a valid POA, the trusted person you designate will be legally able to undertake critical matters approved by the Principal, such as handling your assets or paying your bills.

Unfortunately, there have been instances where attorneys-in-fact have failed to carry out their responsibilities. If you granted someone a specific authorisation to act on your behalf in a POA form and decide there’s no reason for that person to have those powers, you can revoke those powers.

Because relationships and personal situations change over time, it’s an excellent idea to revisit your healthcare and financial powers of attorney every several years to ensure that your estate planning stays relevant. In this article, we will go over some significant aspects to consider when considering revoking your current POA.

What is a Revocation of Power of Attorney?

As previously stated, the Revocation of POA is a binding agreement used by the Power of Attorney signatory to revoke the agent’s authority. For the document to be effective, it must be presented to the same government institution that registered the original paperwork and afterwards notarised it. Most importantly, a notice of cancellation of the Power of Attorney should also be served on the agent.

Why Would You Desire a Lasting POA to be Revoked?

A great deal of trust is in the hands of those who have power of attorney. With that, it is necessary to guarantee that someone you have nominated is reliable and trustworthy. Despite the unfortunate situation, it is possible that an attorney-in-fact can abuse and misuse it. In the case of durable POA, your relationship with the agent you have designated may deteriorate, prompting you to decide to prohibit this person from administering your matters in the event of your incapacity.

There are a variety of reasons why someone would desire a revocation process: 

1. The objective has been accomplished.
2. The principal desires that agents be replaced.
3. The principal believes the agent is not appropriately fulfilling the duties.
4. The agent has lost interest in holding the POA.
5. The principal intends to appoint a different attorney.
6. The attorney-in-fact is no longer encouraged to act.
7. The attorney-in-fact is unfit to represent the principal.

How to Reverse POA

There are four ways to revoke POA:

1. By signing a new POA. By signing a new agent that declares you renounce all existing powers of attorney, you can transmit all the necessary responsibilities to someone else.
2. Capacity. Capacity refers to a person’s mental condition and ability at the moment of the execution of the legal document. To obtain legal authorisation to implement the revocation document, you must be of sound mind. 
3. Notice. You must notify your POA to know that you won’t need them to act on your behalf anymore. As a result, your attorney must be informed of the revocation for the notice to take full effect. It should be presented, signed, witnessed, and documented to ensure that its capacity is no longer exercisable.
4. In writing. You can revoke your POA by signing a form. The document must be signed in front of a notary public by following your state’s law requirements. 

Changing your POA is a straightforward and inexpensive procedure. Before you appoint a new agent, make sure they are willing and capable of handling this crucial responsibility. Also, let your prior agent know about the revocation. 

When Will the Revocation Become Effective?

The revocation goes into effect once it is distributed to everyone who is required. In the Notice, you can also provide a future date when it will take full effect. Although a witness is not legally required, having someone see or observe you date and sign the Notice of Revocation may be beneficial. After you have signed the Notice, the witness can also sign it and print their contact information and name.

Allow Us to Assist You With Vital Estate Planning Documents

Powers of attorney are valuable estate planning instruments because they enable people to nominate others to manage their financial and healthcare matters if they are no longer able to make choices for themselves. Estate owners, on the other hand, should exercise caution when selecting an agent.

At Elizabeth Middleton Solicitors, our estate planning lawyers can assist you in establishing or revoking your POA and avoiding future issues. For example, we can support you in drafting the agreement so that it only becomes valid in the situation of multiple doctors certifying incapacitation. 

Contact us today to discover more about all the vital legal advice or get answers to any related questions you may have.

If there ever comes a time where you’re unable to make decisions for yourself due to dementia for example, having a Lasting Power of Attorney will ensure crucial decisions are made on your behalf. By ensuring somebody is designated to make decisions for you, your wishes can continue to be met for the rest of your life, regardless of your mental or physical capacity. 

However, leaving the power of decision-making to somebody else can be daunting. You might be worried about the potential disadvantages of giving someone that level of control over your wellbeing.

Today we will take a closer look at the advantages and disadvantages of setting-up a Lasting Power of Attorney and how you can ensure your affairs are kept in order. 

What is a Lasting Power of Attorney? 

A Lasting Powers of Attorney is a legal document in which you appoint one or more people to make decisions for you if you become mentally incapacitated and unable to make your own decisions in the future. 

These decisions fall into two categories, and as such, there are two separate types ofLasting Power of Attorney (LPA). A Health and Welfare LPA grants your Attorney the right to make decisions regarding your medical care. A Property and Financial Affairs LPA allows an attorney to make decisions regarding your finances and property.

Each of the LPA’s is a separate document. To make it simpler to understand below is a list of the common types of decisions attorneys can make on your behalf under each of the specific LPA’s.

A Finance and Property LPA allows your Attorney to: 

• Access your bank accounts and saving accounts 
• Pay your bills and mortgage payments
• Buy and sell investments
• Arrange property repairs
• Sell and buy pieces of property 

A Health and Welfare LPA allows your Attorney to: 

• Decide on your living arrangements in case you require care
• Plan your social activities 
• Decide what kinds of medical care and treatments you’ll receive
• Plan your end of life care if you have an Advanced Directive (also called a Living Will) if it is attached to your LPA
• Make decisions regarding life-support treatments 

When Should I Get an LPA?

An LPA isn’t only beneficial once you’ve lost mental capacity. If you register your LPA with the Office of the Public Guardian, your LPA can be used at any time. 

Think about this scenario: If you know you’ll be entering the hospital for a prolonged time for surgery, you can set an LPA to pay your bills or, should complications arise, your Attorneys can make decisions for you regarding your medical care.   However, we advise that you apply for it in advance because the process for obtaining one is long.

What Are The Potential Negatives? 

An LPA is a legally binding document, which can be intimidating for many to consider. 

First, when your Attorney needs to start acting on your behalf you’ll have to share all of your personal information with them. 

The person you appoint must be a person you trust as your attorney. Your attorney can be a family member or loved one, but it could also be a personal accountant or solicitor. Regardless of whom you choose, you’ll need to be comfortable with sharing significant amounts of information with that person. 

Secondly, if you want your LPA to grant your attorney the right to make both medical and financial decisions on your behalf, you’ll need two separate LPAs.   This means that you’ll need to pay two separate registration fees with the Office of the Public Guardian. 

Finally, an LPA must be made while you have mental capacity. The process is more difficult and protracted if you lose capacity.  

What Happens if you Lose capacity before you make a Lasting Power of Attorney? 

If you lose capacity before having an LPA in place, your loved ones will need to apply to the Court of Protection for them to be your Deputy.  This will enable them to manage your financial affairs.  The procedure is time consuming, cumbersome and expensive.  

Despite any of the above disadvantages, the advantages far outweigh the negatives. 

The Advantages To An LPA

Having an LPA gives you peace of mind, it means you know there is someone you trust making decisions on your behalf and in your best interests.  You’ll also have the ability to choose who handles whatever situation arises. 

Finally, an LPA prepares you for an uncertain future.  We don’t like thinking about what could happen to us, but accidents or serious illness can happen at any time while the COVID pandemic has taught us that tragedy could be just around the corner. 

Need an LPA? 

We know that thinking about the future can be stressful. We believe that everyone should be treated with respect, kindness and receive a personal service that meets their needs in a relaxed, un-rushed environment. 

Elizabeth Middleton Solicitors is here to help you prepare for the future and ensure your wishes are followed, which is why our expert legal team specialises in Lasting Power of Attorney, Wills, Probate and Conveyancing. 

Don’t wait for life to happen – Get in touch today to learn more about our LPA services and gain the peace of mind that your future is taken care of.

The COVID-19 pandemic has caused many complications in many areas of people’s lives. Finances are no exception to the number of issues created by the lockdown.  

People who need assistance completing tasks, such as shopping or going to the bank, now need to wear a protective mask and practice social distancing from the person who would generally help them. With everyone’s health at risk, there’s no better time to make sure you have someone assigned to help you.

With all of the lockdown’s complications, sometimes it’s unclear who is entitled to make these decisions for people who need help. In some situations, this could even be life-threatening for some people–as they often need assistance with their most basic needs. 

This issue could mean that it’s time to get a Lasting Power of Attorney. 

Getting a Lasting Power of Attorney (LPA) will help resolve all these issues and ensure the person-in-need has the care they need.

What is an LPA?

An LPA is a document that authorises  a person or people to manage affairs on behalf of someone unable to do so. There are two different kinds. One of the documents  is for Property and Finances. The other is for Health and Welfare. 

LPA’s were created in October 2007, after the Mental Capacity Act of 2005. Before 2007, Enduring Powers of Attorney were used. They are still valid if they were signed before 1st October 2007.. 

Why Now?

The person-in-need (donor) typically would  authorise  trusted friends or family (attorneys) to manage their affairs on their behalf if they lose the capacity  to do so. Attorneys can use the Property and Finance LPA with the donor’s consent while the donor still has competence. If the donor spends time in the hospital or is shielding, this document can be extremely useful. 

During Quarantine

Each year, 15% of LPA’s get completed incorrectly. It’s not just a form that you will fill out, but it’s something that someone should finish in detail–ensuring those involved meet the donor’s needs adequately. I am able to advise the attorneys what their duties will be and that they will be regulated by the Office of the Public Guardian. The requirements should include the clarity of how much flexibility the donor wants the attorneys to have. 

If someone files an LPA incorrectly, it could cause many difficulties for the attorneys if the donor becomes incapacitated. Having a solicitor to prepare the documents for you is the best way to ensure this doesn’t happen. 

The hardest part about creating a Lasting Power of Attorney  in a quarantine situation is getting signatures witnessed. A solicitor can help you figure out how to deal with this. 

What Information Do You Need?

To prepare an LPA, you need to know:

• Whether or not you desire the Attorneys to make all decisions together, or whether you want some decisions made separately. 
• Names, dates of birth, and physical addresses of those you want as your Attorney.
• Do you want anyone to act as a backup if one or more of your Attorneys cannot do the job? If so, you also need their name, date of birth, and address.
• Is there someone you can ask to act as your certificate provider? This person can certify that you know what you are doing, understand what the LPA does and the power it confers, and not under any pressure or influence to create the document. When instructed, a solicitor prepares your LPAs. They will then generally act as your certificate provider, but if this is not possible in the current circumstances, other people can.
• If there is anyone with concerns about the appointment of any of your Attorneys or anyone who should know about the LPA

What Happens Next?

Once the document is signed and dated correctly, we will register it with the Office of the Public Guardian (OPG) to enable your attorneys to use it. This task will ensure usage if you lose the capability to make decisions in the future. 

The OPG generally takes about three months to register an LPA without objections. With the pandemic situation, longer delays may occur as well. 

The OPG will return the LPA perforated at the bottom of the document to show that they have registered it. We will let you know when we receive your Lasting Power of Attorney so that you can either pick it up from our office or we can send it to you by post.  This document will be the only original document received and must be kept in a safe place. 

We Can Help

We know that thinking about the future can be stressful. We believe that everyone should be treated with respect, kindness and receive a personal service that meets their needs in a relaxed, un-rushed environment.

Elizabeth Middleton Solicitors is here to help you prepare for the future and ensure your wishes are followed, which is why our expert legal team specializes in Lasting Power of Attorney, Wills, Probate and Equity Release. .

Don’t wait for life to happen – Get in touch today to learn more about our LPA services and gain the peace of mind that your future is taken care of.

Lasting Power of Attorney (LPA) allows someone to act on your behalf or make decisions for you if you’re no longer able to or no longer want to do so on your own. The person (or people) that you choose is referred to as your “attorney”, and you determine the decisions they are allowed to make for you (the “donor”).

There are two types of LPA. One type covers decisions about your health and welfare, and the other covers decisions about your property and finances. You can choose to use both types or just one. You are able to appoint the same attorney for each or you can opt for different attorneys. An LPA must be registered at the Office of the Public Guardian (OPG) to be valid.

There’s a lot to consider when looking into LPAs. This guide to Lasting Power of Attorney will examine the two types of LPAs so you are able to plan effectively.

Health and Welfare LPA

A Health and Welfare LPA allows your attorney to make decisions regarding your health and welfare on your behalf. There may come a time when you do not have the mental capacity to make important decisions for yourself. This could be the result of an accident, illness, or old age. With a Health and Welfare LPA, your attorney can make decisions about medical care and your daily routine. Here are some of the decisions your Health and Welfare attorney can make:

• Where to live and whom to live with.
• Who may visit and who may not.
• What to buy and where to shop.
• What clothes to wear.
• Running the home, choosing decoration and furniture.
• Treatment and welfare care.
• Decisions regarding terminal illness treatment and care.
• Determining where the donor may like to die and making funeral arrangements.

You are also able to give your health and welfare attorney the power to refuse or accept life-sustaining treatment on your behalf. The required paperwork will ask if you wish to provide this power or not and you’ll need to clearly state your intention.

It’s important to understand that this decision can affect any advance decision you have previously made. If you give your attorney the power to make decisions about life-sustaining treatment, it will overrule your advance decision. However, if you choose not to give your attorney this power, your advance decision will stand.

A Health and Welfare LPA can only be used when you don’t have the mental capacity to make decisions on your own. Without it in place, no one will have the legal authority to make decisions for you. This can result in you being cared for in a way that you would not have wanted, as the ability to make decisions is not in your loved ones’ hands.

Property and Financial Affairs LPA

A Property and Financial Affairs LPA covers decisions about your property and finances. If a time comes where you can no longer manage your finances, you can grant an attorney the power to do it for you. Here are some of the decisions your Property and Financial Affairs attorney can make on your behalf:

• Paying bills, including your rent, mortgage, or other household expenses.
• Opening, operating, or closing any bank or other financial accounts.
• Handling your tax affairs.
• Receiving any income, inheritance, or other entitlement on your behalf.
• Insuring, maintaining, and repairing your property.
• Deciding whether to buy or sell a home.
• Investing your savings into stocks, mutual funds, or other financial instruments.
• Making limited gifts on your behalf.
• Paying for private medical and residential care or nursing home fees.

With a Property and Financial Affairs LPA, you get to choose when you want your attorney to be able to act. This could be the moment the LPA is registered or at some point in the future, such as any situation where you’re no longer able to make these decisions for yourself. You are also able to limit the decisions the attorney is allowed to make or place conditions on what they are able to do.

A big difference between a Health and Welfare LPA and a Property and Financial Affairs LPA is that with the latter, you can appoint an attorney to manage your affairs at any time, not just when you are no longer able to decide for yourself.

Let’s consider a situation where this might be useful. If you have assets in England and Wales but are planning to leave the country for an extended period of time, you may want someone still in the country to manage your financial affairs while you’re away. Another example is those with mobility issues: While you may still have the mental capacity to make decisions for yourself, it would be more practical to allow someone you trust the authority to handle certain tasks for you.

Conclusion

The best way to protect your future is by planning today. By making a Lasting Power of Attorney for finance and health you are ensuring that your affairs are handled by someone you trust. Elizabeth Middleton Solicitors wants to help you prepare for the future with our friendly and client-driven approach. Contact us today to learn more about our Lasting Power of Attorney services.

The autonomy to make your own decisions about financial and health matters is something you cherish, but it is not something you can afford to take for granted. After all, despite the veneer, there is much in life that is beyond our control. When the unexpected happens, not having a plan already in place can create extensive and difficult complications for you and your loved ones.

Say something tragic and unforeseen such as a devastating accident takes away your mental capacity for making important decisions. Or maybe an illness brings the same terrible result. Longevity presents these challenges as well. With the average lifespan in developed countries continuing to rise, there are more people suffering the debilitating effects of conditions such as Alzheimer’s and dementia.

These are things no one wants and few expect, but they happen, and when they do, serious legal problems can follow. If you own a business, who will operate it and continue making important decisions regarding your company? Who will decide how to manage your property and other assets? Who will make health and welfare decisions about treatments, medications, assisted living, and more?

For these considerations, designating a lasting power of attorney is indispensable, and here we will provide a brief but informative guide to understanding the concept.

What Is a Lasting Power of Attorney?

Lasting Power of Attorney, or LPA, is a legally recognized way of assigning one or more persons to make financial and health decisions for you in the event that you no longer can. The person appointing this responsibility to another is the “Donor,” and the recipient is the “Attorney.”

There are two categories of LPA. Lasting power of attorney for property and financial affairs (Property & Financial LPA) is one, and a lasting power of attorney for health and personal welfare (Health & Welfare LPA) is the other. With the former, you can opt for assistance even if you are still capable, and the latter goes into effect if you have lost your mental capacity for making those decisions.

One of the most common questions about LPA is who can be designated with it. The answer: almost anyone that you trust. Most often, this means a spouse or civil partner, a sibling, an adult child, a close friend, or a legal professional.

Another common question is whether there can be only one person designated with LPA or if multiple people can be selected. You can certainly designate a single person for everything, but you don’t have to. One option available is to designate different people for different things (maybe your nurse cousin would be best to handle health decisions while your accountant younger sibling would be well-suited for decisions about finances, for example).

There is also the option to designate multiple people for the same matters so that decisions are group ones and not left in the hands of a single person. That second one can also make sense when you consider that the unexpected can occur to anyone. You as the Donor are far from the only one who could face diminished or lost capacity to make critical personal and financial decisions.

How Does It Work? How Do I Make Sure It Isn’t Abused?

A common misconception about LPAs is that once you designate one, you have instantly and forever signed away all control of your affairs. This is not the case at all, and there are several safeguards that protect you:

• You cannot be forced into making an LPA. When you go through the process, a professional or trusted acquaintance acts as the Certificate Provider, officially verifying that you were of sound mind when establishing the LPA and that you were not coerced to do it.
• Only after you register the LPA with the Office of the Public Guardian will it go into effect.
• You establish the terms under which the LPA goes into effect.
• As discussed previously, you determine who will have LPA status, how many will, and in what manner (individually or collectively) decisions will be made.
• While you retain your mental faculties, you can change terms, replace designated people, and add new people.
• If there is suspicion that the Attorney is not acting in the best interests of the Donor, the Court of Protection can invalidate an LPA and the Office of the Public Guardian can investigate.

The Care and Expertise of Elizabeth Middleton Solicitors

The subject of mental incapacity is one many people would rather not think about, but it represents an unfortunate reality for many people at some point in their lives. Since even the young and strong can experience catastrophe, it is also not a subject to put off until trouble starts to present itself.

Elizabeth Middleton Solicitors provides compassionate, professional assistance with the process of creating an LPA. We will be with you every step of the way, from discussing options and terms to helping you determine whom to designate with such great responsibility. We are here to help make sure that decisions regarding your health and assets aren’t needlessly complicated, nor apart from your wishes if the time ever arises. In establishing an LPA, you are looking after not only your well-being but that of your loved ones and your estate. Contact us today to get started on establishing peace of mind for you and those love you most.