Lasting Powers of Attorney (LPA)
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At SMH Wills & Probate we offer our clients a vital Lasting Power of Attorney (LPA) service to protect their interests and ensure their wishes are respected in the future. Planning for the possibility of losing mental capacity is important, and Lasting Powers of Attorney can help ensure that your interests are protected if you are no longer able to handle your affairs or make decisions for yourself.
What is a Lasting Power of Attorney (LPA)?
A Lasting Power of Attorney is a legal document that allows you to appoint a person or persons you trust to make decisions on your behalf if you become unable to do so yourself. They are known as your attorney(s), and they have the legal authority to make decisions on your behalf in a range of areas, including your property and finances as well as your health and welfare.
The two types of LPA are: Property & Financial Affairs, and Health & Welfare.
What is a Property and Financial LPA?
A Property and Financial LPA is a legal document that deals specifically with the appointment of one or more people to manage your financial affairs if you are unable to do so. It gives your attorney(s) the authority to act on your behalf in financial matters such as operating your bank account, paying bills, managing your direct debits, organising utility bills, selling your house and claiming benefits. There are strict rules preventing your attorney from using your assets for anything other than your benefit.
This can be registered immediately so its ready to be used as and when needed, and can be used with your permission should you temporarily need some assistance, or permanently if you have lost capacity.
What is a Health and Welfare LPA?
A Health and Welfare LPA is another legal document which gives your attorney(s) the power to make decisions that he or she thinks are in the best interest of your health and welfare if you no longer have the capacity to make decisions or express your preferences for yourself. For example, they may decide where you live, or what you wear, or what sort of care and medical treatments you receive.
No one can make these decisions for you while you still have the capacity to do so for yourself.
Timing
Most of us think that because these documents are to be used at a time we do not have capacity, it is also the point at which the LPAs are made.
This is not the case. In fact, the sooner you make them, the better!
In order for your LPAs to be valid, you must have demonstrated to a suitably qualified person that you understand the purpose and scope of the appointment and the powers that your attorneys will have on your behalf. This person is called a Certificate Provider.
Once you have made them, this does not change anything, and you continue as you are, but should your capacity be affected in anyway, you have them ready to go.
Why are LPAs important?
There are many reasons why Lasting Powers of Attorney are important. If you lose mental capacity and have not made an LPA, your loved ones will not have the legal authority to handle your affairs on your behalf. This can cause a great deal of stress and uncertainty for your family and could result in decisions being made that do not reflect your wishes.
Having an LPA in place can also help to protect you from financial abuse. If you become unable to manage your finances, without an LPA, your assets could be at risk from fraudsters and unscrupulous individuals who may try to take advantage of your vulnerability.
How can we help with LPAs?
Our Lasting Powers of Attorney service is designed to make the process of creating an LPA as straightforward and stress-free as possible. We can guide you through the choices of how to appoint your attorneys. We understand that this can be a sensitive and emotional subject, and we are committed to providing a compassionate and professional service to all of our clients.
Our services include:
- Consultation: We offer a free initial consultation to discuss your needs and goals and provide guidance on the best course of action
- Document preparation: We can prepare the necessary legal documents to create your LPA, ensuring that they are completed accurately and in compliance with legal requirements
- Registration: We can register your LPA with the Office of the Public Guardian, ensuring that it is legally binding and can be used when needed
Contact SMH Wills & Probate today to learn more about our Lasting Powers of Attorney service and how we can help you protect your interests and ensure that your wishes are respected in the future.
Our experienced team is here to guide you through the process and provide the peace of mind that comes with knowing your interests are protected.
