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Lasting Powers of Attorney - Key points explained and the benefits of planning ahead

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A Lasting Power of Attorney (LPA) is designed to assist those who believe that they may lose mental capacity over a period of time.

An LPA enables you to choose trusted people (Attorneys) to make financial and health and care decisions on your behalf if you are unable to make those decisions yourself.

Here are some facts about LPA’s:-

  • LPA’s were introduced by the Mental Capacity Act 2005 and came into effect in October 2007
  • You need mental capacity to make an LPA
  • An LPA is only for England & Wales and will not work elsewhere
  • There are two types of LPA – one is for Property & Financial Affairs and the other is for Health & Welfare matters
  • Attorney’s may be friends or relations provided that they are people you trust
  • Attorneys must assume you can make your own decisions unless they have good reason to believe that you no longer have mental capacity
  • Attorneys must make decisions in your best interests and can only make such decisions without your consent when you don’t have mental capacityThe Health & Welfare LPA enables you to choose whether your Attorneys or your doctors can make decisions about accepting or refusing medical treatment to keep you alive
  • An LPA needs to be registered at the Office of the Public Guardian to bring it into effect and a registration fee of £110 is chargeable

Once you lose the ability to understand what an LPA is, it’s too late. Your family may need to apply for a deputyship instead which can be costly and time consuming.

F. Barnes Solicitors undertakes to prepare and register an LPA for £600 plus vat for a single LPA and an additional £400 plus vat of a second is required. Planning at this stage can be a simple cost effective way of ensuring peace of mind.

For more information or to discuss any concerns, please contact one of our experienced legal advisors in our private client Wills & Probate department namely, Sangeet Tatem, Kevin Sandell, Jodi Hamlin and Roger Philpot