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Lasting Power of Attorneys
Have you considered what will happen to your assets or your personal welfare if you lose the capacity to make decisions? This doesn’t just happen to the elderly; younger people may become incapacitated through accident or illness as well.
A Lasting Power of Attorney (LPA) can safeguard the long-term wellbeing of you and your loved ones.
Power of Attorney Solicitors St Albans
At Labrums, we have years of experience in drafting and registering LPAs. We can advise on matters including;
Labrums can also fully register the Lasting Power of Attorney for you in order to ensure a smooth process for you and your family.
What is a Lasting Power of Attorney?
LPAs are documents made on a specific government form where one person (known as the Donor) nominates someone whom they trust to be their attorney to make decisions for them when they are no longer able to. LPAs can also be used to delegate financial decisions for a temporary or permanent period of time. You can restrict or specify the types of decisions the attorneys make, or you can allow them to make all decisions on your behalf.
Each of these are independent of each other, so the Donor could name different attorneys on each. The health LPA covers decisions regarding all aspects of health and care, including life-sustaining treatment, and the financial LPA covers decisions on all aspects of finance including buying and selling property. LPAs last for your whole life unless you cancel them or make a new one and your attorneys have to sign your LPA when you make it, to confirm their agreement to being appointed.
I felt very confident using Labrums Solicitors. I would certainly recommend.
The importance of having an LPA
If you’re married or in a civil partnership, it’s not uncommon to make the assumption that your partner can automatically make decisions about your health and finances on your behalf. However, without having an LPA in place, they won’t have the authority to do so. This also applies to family members and close friends. If you don’t have an LPA in place and you lose capacity, your trusted ones will have to apply to the court for deputyship which will inevitably cause delays and be a costly process. It will also mean that full disclosure of your assets and needs will be made to the Court of Protection who will make orders to administer your affairs on your behalf. Having an LPA helps you to plan for the future and prepare for any unforeseen circumstances that may put you in a position where you need someone you trust to make decisions for you. The added reassurance and peace of mind that an LPA brings can also reduce family conflict, stress and frustration in the event that a Deputy application with the Court must be processed as a result of not having an LPA in place.
Who can set up an LPA?
LPAs can be set up by adults of any age, whether it is by a person who has a known health issue that could affect their decision-making capacity, or by any person who currently has mental capacity, as an insurance to cover the possibility of them losing their mental capacity in the future. The paperwork to create a Lasting Power of Attorney can be lengthy and the signing process strict, with a need to register the LPAs at the Office of the Public Guardian once completed. Whilst you will find plenty of guidance online, there is a degree of risk to you in making an LPA in this way. This is due to the strength of the power being given to attorneys under an LPA, and the fact that it is likely to be used when the person making it is mentally incapacitated or unconscious. It is always best to seek professional legal advice, and you can rest assured that the dedicated team at Labrums are ready and able to help.
Contact us today
Our professional team of expert Power of Attorney Solicitors in St Albans are ready to assist you. For more advice on General and Lasting Powers of Attorney, schedule a consultation or discuss your case by reaching out to us now. We promptly respond to provide the guidance you need.