14th May 2019
What is an LPA and why is it important to have one?
A lasting power of attorney (known as a LPA) is a legal document that lets you (the ‘donor’) appoint one or more people (known as ‘attorneys’) to help you make decisions or to make decisions on your behalf. This enables you to have more control over what may happen to you and your affairs should you suffer an accident or illness and can no longer make your own decisions due to a lack in mental capacity.
There are two types of LPA;
- Health and Welfare – this LPA is used to allow your attorney the power to make decisions about things like;
- Your daily routine, i.e. washing, dressing, eating
- Medical care
- Moving into a care home
- Life-sustaining treatment
It can only be used when you are unable to make your own decisions.
- Property and Financial affairs – this LPA is used to allow your attorney the power to make decisions about things like;
- Managing a bank or building society account
- Paying bills
- Collecting benefits or a pension
- Selling your home
It can be used as soon as it’s registered, with your permission.
You can choose one or both types to suit your personal circumstances. In order to make an LPA you must be over the age of 18 and have mental capacity at the time. You do not need to live in the UK or be a British citizen to make an LPA.
Here at Jeary & Lewis, we understand that ‘we’ as society don’t always like to think of the inevitable, but there are so many reasons why it is important to protect your loved ones and most importantly yourself when you are no longer able to do so.
Unfortunately, as we grow older, or become incapable of making decisions we can become more vulnerable. Recent research by the Financial Conduct Authority has found that a third of people aged 75 or over have been targeted by fraudulent scammers. A further study showed that 22% of people aged 55 or over had also been effected by the same issue.
For this reason alone, it is so important for you to have protection in place for your health, welfare, property and financial affairs to prevent such things from happening.
You can of course choose to make your own LPA by completing the relevant forms however, this can be a complicated and confusing process. By coming in to see us, our highly skilled Solicitors strive to provide you with an outstanding service and will assist you along the way to ensure that the process is smooth sailing for you, your family and your future.
The documents will need to be registered with the Office of the Public Guardian, which incurs a fee of £82.00. Our professional and friendly team here in our Wills & Probate department, will be very happy to guide you through the process and answer any questions you may have along the way. Please pop in to our offices or give us a call on 01249 444484 to discuss further!
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