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1 IN 4 PEOPLE WILL REQUIRE CARE AT SOME POINT IN THEIR LIVES.
Who Will Decide for You? The Crucial Role of Lasting Power of Attorney (LPA)
Imagine this scenario: you suddenly lose the ability to make decisions for yourself due to an unforeseen accident or illness.
Your family and friends are worried, trying to navigate the complicated legal system to make important decisions on your behalf. It’s a stressful and emotional time for everyone involved.
What if there was a way to prevent this scenario from happening? This is where a Lasting Power of Attorney (LPA) comes in.
Creating a Lasting Power of Attorney means appointing someone you trust to manage your affairs in case you become unable to make decisions. This helps your loved ones avoid the stress and uncertainty of making important decisions on your behalf without a clear legal mandate.
The Right Will Service
Less than 1% of people in the UK have set up an LPA, meaning that many are risking their future without the right protection.
Creating a Lasting Power of Attorney can seem overwhelming, but fear not – The Right Will is here to help.
We will take care of everything, from filling out the paperwork to getting your LPA registered. With our help, you’ll be able to create an LPA with ease and confidence, knowing that you and your loved ones are protected.
“Plan Ahead Now For A Time When You May Not Have The Mental Capacity To Make Financial Decisions”
What is An LPA?
A lasting power of attorney (LPA) is a legal document that gives someone else — the attorney — the power to make decisions on your behalf should you become unable to.
Two Types of LPA
In England, there are two kinds of LPAs, health and welfare LPA and property and financial affairs LPA. Both types of LPA give an attorney legal power to make decisions on the donor’s behalf.
- A health and welfare LPA permits welfare decisions, such as daily routine and medical treatment decisions. It can only be exercised when the donor loses the capacity to do so.
- A property and financial affairs LPA makes decisions on investments, real estate, and financial accounts of the donor. Unlike a health and welfare LPA, the attorney can act and make decisions even if the donor has the mental capacity with their consent.
While both roles are often assigned to the same individual, the donor can choose to create one type of LPA or give the roles to different individuals if it serves their interests.
A Simple Guide to Creating a Lasting Power of Attorney
The first step to creating an LPA is to fill out the application forms and submit them to the Office of the Public Guardian. Although you can do this online, we recommend taking a more thoughtful approach by seeking professional advice and making informed decisions.
Choosing the Right Attorneys
Choosing your attorneys is one of the most important parts of creating an LPA. While your close relatives may seem like the obvious choice, it’s important to think about potential complications, such as their location, which could limit their decision-making powers.
Appointing multiple attorneys can help avoid such issues and ensure that decisions can still be made if one attorney is unavailable.
When selecting attorneys, it’s crucial to consider their trustworthiness and ability to act in your best interests. Emotional attachments can cloud the judgment of family members, while independent professionals may not be familiar with your values or beliefs.
Defining the Types of Decisions
Once you’ve chosen your attorneys, the next step is to define the types of decisions you want them to make and how you want them to be made. This involves deciding which assets to exclude from disposal and whether decisions can be made by a single attorney or must be made jointly.
By completing a separate form notifying two people of your intention to make an LPA, you can ensure that your decisions are legally binding and will be respected. Your application will then be submitted to the Office of the Public Guardian (OPG), which will process and then issue the power of attorney.
Frequently Asked Questions
Does Next of Kin Override an LPA?
No, an LPA (Lasting Power of Attorney) is a legally binding document that gives the person(s) appointed as attorneys the authority to make decisions on your behalf. Even if you have close family members who are your next of kin, their authority to make decisions on your behalf will be superseded by the authority of the attorneys appointed in your LPA.
What Does a Lasting Power of Attorney Allow You to Do?
An LPA allows you to give your chosen attorney(s) the legal power to act in your best interests and make decisions for you when you are no longer able to.
What is the Difference Between a Power of Attorney and a Lasting Power of Attorney?
When you no longer have the mental capacity to make your own decisions, an ordinary power of attorney becomes invalid. A lasting power of attorney, however, can make decisions on your behalf in the event that you lose the mental capacity to do so.
How Long Does it Take to Get a Lasting Power of Attorney in the UK?
If there are no errors in the application, registering a lasting power of attorney takes up to 20 weeks.
Contact the Right Will for Your LPA Services in Knowle
As we go through life, there may come a time when we are no longer able to make important decisions for ourselves. In such situations, having a Lasting Power of Attorney (LPA) in place ensures that your interests and wishes are respected.
Contact us today, and let us help you establish a lasting legacy of peace and security for yourself and your loved ones.
Providing Support for Communities In and Around Knowle
Knowle is a small town with a rich history dating back to the Anglo-Saxon period, and was mentioned in the Domesday Book of 1086. The town was once an important centre for coaching, with a number of coaching inns and stables that served travellers on the London to Birmingham route.
Knowle is located in the West Midlands region of England and is known for its picturesque high street, which features a number of historic buildings, including timber-framed houses and 18th-century coaching inns.