These last 15 months, during the Covid-19 pandemic, we have seen more people making their Lasting Power of Attorney in Norfolk. We are finding that more people than ever are planning for their future by putting their Lasting Power of Attorney (LPA) in place as well as their Wills.
Whilst a Will is the legal document that deals with your affairs following your death, it does not cover any capacity concerns whilst you are alive. An LPA is the legal document that enables you to appoint one or more people (known as Attorneys) to make decisions on your behalf when you are unable to during your lifetime.
There are two types of Lasting Power of Attorney documents – for Property and Financial Affairs & for Health and Welfare. We would always recommend having both in place, as they do cover very different things.
Property and Financial Affairs LPA – This allows for your Attorneys to:
- Manage the your bank accounts, including paying bills and managing investments
- Buy or sell property
- Deal with payments related to your property – eg. Mortgage, rent, insurance, maintenance and other household expenses
- Collect income, pension and benefits
- Deal with your tax affairs
This LPA also has the option to be used whilst you still have mental capacity – this can be useful if you have mobility issues or are out of the country for long periods of time.
Health and Welfare LPA –This allows your Attorney to help with:
- Making decisions on where you are living – this can include type and location for care homes
- Consent to or refuse any medical treatment
- Organise any care needed for you – medical, dental or optical
- Make decisions on your day to day care
- Decide on your diet and clothing
- It is also possible to allow the Attorneys the right to make decisions around life sustaining treatment
Unlike the previous one, this LPA can only be used once you have lost mental capacity.
LPAs can only be made whilst you have mental capacity, in preparation for any future loss of capacity. It is really important to be aware that without an LPA, NO-ONE has an automatic right to deal with your finances or make personal health decisions if you were unable to, even a spouse. The only way to go about this would be to apply to the Court of Protection for Deputyship. This is an expensive and lengthy process and also incurs regular fees (which LPAs do not).
By planning ahead and making LPAs now, you are able to maintain control and choose who you would like to make decisions on your behalf in the future. You can choose one person to act on their own or multiple Attorneys and can also name replacement Attorneys. You can choose to add preferences and instructions for your Attorneys to adhere to, completely personalising your LPAs to reflect your wishes.
By not making LPAs, this decision is left to the Court of Protection, who may impose restrictions on family members.
Historically, LPAs were only considered by the elderly. Although conditions such as Dementia or Alzheimer’s are more common amongst that age group, this is not the only way that mental capacity can be lost. Loss of capacity could be caused by a car accident, workplace accident, an accident due to a dangerous sport or possibly a stroke. There are also some mental illnesses that can lead to either a temporary or permanent loss of mental capacity.
Here at Trusted Law, we offer a full ‘hand holding’ service so that you ultimately have exactly what you need to be able to act in a quick and efficient manner should you need to. Our service includes:
- All legal advice
- Assisting you to choose your Attorneys and any instructions
- Acting as your ‘certificate provider’
- The signing of all parties in the correct order
- Dealing with the Office of Public Guardian to register the documents
Here’s what a few of our clients have said about our service – https://trustedlaw.co.uk/testimonials/
With more people making their Lasting Power of Attorney in Norfolk, perhaps this is something you have considered too? If you have any questions about LPA’s or would like to discuss putting your LPAs in place, please feel free to contact us on 01953 711950 or enquiries@trustedlaw.co.uk