Lasting Power of Attorney (“LPA”)
Lasting Powers of Attorney, London
A harsh reality of life is that mental and physical incapacity can hit at any time. That’s why it’s so important to have a Lasting Power of Attorney.
It may be an uncomfortable thought, and you might feel you’re tempting fate, but whatever your age it’s wise to have an LPA and hope you don’t have to use it, rather than putting it off and not having one when you need it.
You may think that if something happens to you in the future and you can’t make your own decisions about issues such as finances, property, healthcare or personal care, for example, then family or friends can simply take over. This isn’t true. Just as you need to make a will to determine what will happen to your assets when you die, you need to put a lasting power of attorney (LPA) in place if you want to make the decision yourself as to what will happen to you if you lose mental capacity.
I can walk you through the LPA process and give advice and support, so you know you’re protected if the worst happens.
If you want to talk about getting an LPA, give me a call on 0203 935 9490.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney gives another person of your choice – your attorney – the legal authority to look after aspects of your affairs if you are unable to do so.
THERE ARE 2 TYPES OF LASTING POWERS OF ATTORNEY:
- Finance and Property: your attorney can take over all your financial affairs. Banks will accept your attorney’s signature instead of yours
- Health and Welfare: when you are incapacitated and can’t communicate for yourself your attorney can make decisions about your health and treatment with the medical profession, care homes etc
Making an LPA is not just for when you reach old age. It is a wise consideration to make earlier on in life in case you become incapacitated through illness or injury.
Without an LPA in place, relatives would have to apply to the Court of Protection to get access and take control of your finances and assets. This can be a costly and lengthy process.
Looking after someone who has lost their mental capacity is hard enough, but if you are doing it without the benefit of a power of attorney you are bound to find it even more difficult as you don’t have the legal authority to deal with their affairs properly.
Who can be your Attorney?
It can be whoever you like as long as they are over 18 years old, not declared bankrupt, have full control of their own minds and are willing to take on the role.
How can I get an LPA?
There are several options. The first option is to go online and try to fill in the very lengthy form on the Government website.
You will then need to register the document and pay the government fee of £82 per LPA.
This document is over 20 pages long, and quite tricky to complete correctly.
An alternative is to fill in my short questionnaire. Once completed, simply click send and I will receive the information I require from you.
Then I will prepare your LPA including your registration form.
If there are queries or corrections required by the Office of Public Guardians (OPC) I will deal with that free of charge (it has only ever happened once in 8 years!)
Your fee of £250 (no VAT) or £350 per couple, includes both preparation of the LPA and registration at the Office of Public Guardian. I will act as a professional Certificate Provider to confirm that you are aware of what you are doing. This avoids the necessity for giving notice to close relatives, which is an alternative to having a Certificate Provider.
The fee for producing both types of LPA (Finance and Property and Health and Welfare) is £400, or £500 per couple, again this includes acting as certificate provider and registration.
You are of course free to appoint your own Certificate Provider. This person must have known you for at least two years.
I’m here to help you
As an experienced Family Lawyer and Mediator, I am well placed to advise on a comprehensive range of legal issues.
You can read more about my work and experience here.
My clients typically live in South West London and need a local lawyer or mediator located in and around, Barnes, Mortlake, Kew, Roehampton, Sheen, Putney, Wimbledon, Ham, Twickenham, Richmond upon Thames, Kingston, Hammersmith, Fulham or the north Surrey borders.
For more information on Lasting Powers of Attorney, please call me now on 0203 935 9490.