Safeguarding Your Future: The Importance of Lasting Powers of Attorney

Planning for the future is essential. Many people consider drawing up a will; this dictates wishes after death. However, an equally crucial document often receives less attention. This is a Lasting Power of Attorney (LPA). This legal instrument allows you to appoint trusted individuals. They can make decisions on your behalf if you lose mental capacity. Therefore, in England and Wales, establishing an LPA provides invaluable peace of mind. It ensures your affairs are managed according to your wishes, even in unforeseen circumstances.

Understanding Lasting Powers of Attorney

An LPA is a legal document. It enables you, as the “donor,” to choose one or more people. These are known as “attorneys“. They make decisions for you. Indeed, there are two distinct types of LPA:

Property and Financial Affairs LPA

This grants your attorneys authority. They can manage your money and property. For example, this includes paying bills. It also covers collecting benefits or pensions. Attorneys can manage bank accounts. They can even buy and sell your home. You can specify when this LPA can be used. It can be immediately upon registration. Alternatively, it can be used only upon loss of mental capacity.

Health and Welfare LPA

This empowers your attorneys. They make decisions about your daily routine. This includes medical care and living arrangements. Specifically, it might cover choices about your diet or dress. It also applies to where you live. This could be your own home or a care home. Furthermore, it covers life-sustaining medical treatment. This type of LPA only applies when you lack the mental capacity to make these decisions yourself.

Why an LPA is Essential

An LPA offers you control over your future. Without an LPA in place, losing mental capacity creates difficulties. Your loved ones may face a complex process. They would need to apply to the Court of Protection. They would seek appointment as a “deputy“. However, this can be time-consuming. It is often expensive. It is also frequently emotionally draining. Moreover, the court might appoint someone you would not choose. They may not know your personal wishes.

By contrast, a well-drafted LPA provides:

• Choice and Control: You decide who will make decisions for you. You also specify their exact powers. Ultimately, this ensures trusted individuals handle your affairs. They will understand your values and wishes.
• Peace of Mind: Knowing your financial and welfare matters are in capable hands offers reassurance. Your preferences will be respected. Consequently, this benefits both you and your family.
• Avoidance of Stress and Delay: An LPA, once registered with the Office of the Public Guardian, allows swift action. Your chosen attorneys can act when needed. Thus, this prevents potential delays. It also prevents financial hardship for your loved ones.
• Reduced Family Disputes: Clear wishes set out in an LPA can prevent disagreements. Therefore, family members will know who should manage your affairs. They will also know how.

When to Consider an LPA

You must create an LPA while you still have mental capacity. Waiting until it is urgently needed is often too late. Hence, we recommend considering an LPA as part of your broader estate planning. This could be alongside your will. You could also consider it when reviewing your will. Accidents or sudden illnesses can strike at any age. Consequently, an LPA is a vital document for anyone over 18.

How We Can Assist You

Completing LPA forms yourself is possible. However, the process can be intricate. Errors can lead to delays or invalidation. We are experienced in guiding clients. We help them create Lasting Powers of Attorney. Our services include:

• Comprehensive Advice: We provide clear and concise advice. This covers both types of LPA. We help you understand the scope of powers. We also explain the implications of appointing attorneys.
• Personalised Drafting: We assist you in drafting the LPA documents. They will precisely reflect your wishes. This includes any specific instructions for your attorneys.
• Ensuring Validity: We ensure all legal requirements are met. This includes correct signing and witnessing. We properly prepare the document for registration with the Office of the Public Guardian.
• Expert Certification: As legal professionals, we can act as your certificate provider. We confirm you understand the document. We also verify you are making the LPA voluntarily. There will be no undue influence.

Do not leave your future to chance. Establish a Lasting Power of Attorney today. This proactive step will safeguard your interests. It provides invaluable security for yourself and your loved ones. Therefore, please contact us to discuss how we may assist you in drawing up these essential documents.

Our fees

Our fee for meeting with you, advising you, taking your instructions, preparing a Property and Financial Affairs or Health  Welfare Lasting power of attorney, arranging the necessary signatures and registering it at court is  is £530.00 plus £106.00 vat (total £636.00). If you ask us to deal with both types of lasting power of attorney at the same time, the second document is charged at £210.00 plus £42.00 vat ( For both £740.00 plus vat of £148.00 making a total of £888.00)

If  you live within a 20 miles radius of Plymouth, we will visit you at home. We can arrange a Microsoft Teams meeting with you or a meeting at our office if you prefer.

Court fee to register a Lasting Power of Attorney

The Office of the Public Guardian also charges a  fee for registering a Lasting Power of Attorney,  which is currently £82.00 per document. Depending on your financial circumstances, you may be eligible for exemption from this fee or for a reduction requiring you to pay only half of it. We can advise you if that applies.

Additional Costs

We charge £15.00 plus vat (total £18.00) to carry out an  online identity and address verification.  If there are doubts about your capacity to make a Lasting power of attorney we may have to ask you to obtain a short report from a healthcare professional to confirm you have sufficient capacity to proceed. They will, almost certainly, charge you a fee. Their charges vary depending on what is required so we cannot predict what that might be. Often your own GP will be able to assist on payment of a modest fee.