Lasting Power of Attorney

None of us know what the future will bring, which is why one of the most important legal documents that you can use within your lifetime is the Lasting Power of Attorney. This gives you the opportunity to name a trusted person that can make decisions on your behalf when you are unable to do so.
There are two forms of LPA; one for Property and Finance that you can use for short term and temporary periods when you are incapacitated. The other is Health and Welfare which is used when you have lost mental capacity.
Do any of these apply to you?
A Lasting Power of Attorney document (LPA) for Property and Finance can be useful as there are many situations whereby it can be used now, not just at a time later in life. Once you turn 18 you are able to have an LPA put in place, in order to give legal authority to your next of kin. There are also milestones in your life journey when an LPA for both Health & Welfare and Property & Finance should also be given some consideration.
Turning 18
Hold a joint bank account
Gap year/ travelling
Going abroad
Preparing for older age
Own a business
Moving into a care home
Short term stay in hospital
It is worth knowing that your next of kin does not have any legal rights to make decisions or act on your behalf. Did you know that even a spouse may be unable to pay bills or access a joint bank account if you are incapacitated? A Property & Finance LPA can avoid this, it is put in place in order to protect yourself and your loved ones. Putting this in place yourself means that you can also make certain stipulations or limitations, you are in control. 
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Our experienced estate planner at Lacuna Wills can support you in completing one or both Lasting Power of Attorney documents, and talk through the best options for attorneys with you. We can oversea this from the initial enquiry to registering the documents with the Office of the Public Guardian on your behalf. 
Lacuna Wills offers you the support of a solicitor but without the big prices.
We know how important it is to have these documents in place, so we are keen to keep our prices low, to ensure putting your LPA in place is more accessible.
What does an LPA enable your attorney to do?
Property and Finance LPA
When you are unable to do so yourself, this enables your trusted person/ people to:
  • Pay your mortgage
  • Access bank account (this is required for joint bank accounts)
  • Running savings account
  • pay utility bills
  • Investing money
  • Arranging repairs for property
  • Buying or selling property
Health and Welfare LPA
Once you have lost mental capacity, this enables your trusted person/ people to:
  • Make decisions on route of care
  • Decide on treatments options
  • Refuse treatment options
  • Contribute to decisions on care home options
  • Who you should have contact with
  • What you should eat
  • What social activities you should participate in
  • Life sustaining treatment
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When are you unable to make a decision?
Your lasting power of attorney (LPA) document comes into use when you are unable to do some things for yourself. This is often misinterpreted as a document that is only for the older generation as they approach the age where illnesses, such as dementia, are more common. However, accidents are not determined by your age. They could happen at any time, to anyone. A Property & Finance  LPA can also be used for short term, temporary situations, as well as longer term. A Health & Welfare LPA will only be used when mental capacity has been lost. They cannot be used before this, you will remain in full control of your decisions whilst you are still able.
On holiday
Stroke
Accident
Car crash
Sporting injury
Dementia
Covid
Gap Year/ Travelling
Having a Lasting Power of Attorney takes away the concern that should a situation arise, you will have the  necessary paperwork in place for someone to take action on your behalf; the reassurance that decisions would be chosen with the direction predetermined by yourself. 
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With an LPA Document
  • Your spouse or partner will be able to access or make decisions regarding a joint bank account without you present. 
  • Many young adults have their parents named as their next of kin when travelling abroad, or prior to a hospital admission. As long as they are also named on an LPA, they will have a legal right with regards to information sharing and decision making. 
  • Your spouse/ partner will be able to sell a jointly owned property without you being present. 
  • With a LPA for Health and Welfare as well as Property and Finance you are covered by any eventuality both now and in the future. 
  • You are able to apply and register your LPA now, whilst you are able to choose your trusted person, and make any stipulations to your preferences and limitations of your attorney. 
  • If you apply for an LPA now then you only have to pay a small fee to us and a small fee to the Office of the Public Guardian (which in some circumstances can be reduced).
  • Your LPA can be set up and registered in a timely manner.
Without an LPA Document
  • Your spouse/ partner will not be able to access/ make decisions regarding a joint bank account without you present. 
  • If your next of kin is not named as an attorney in an LPA they have no legal rights to make decisions or choices regarding treatment and welfare choices. Not uncommonly, families may have to go to court while their loved one waits in a hospital bed for critical decisions to be made. 
  • ​Your spouse/ partner will not be able to sell a jointly owned property without you being present. 
  • Without an LPA your  loved ones will have to apply for a deputyship order with the Court of Protection. They only tend to appoint deputies for health and welfare in very limited circumstances and so normally an individual can only be appointed as property and financial affairs deputy.
  • If a deputyship order is required, you may not be able to make any stipulations to your preferences or limitations of your deputies.
  • If your loved ones have to apply for a deputyship order it can cost between £3,000- £7,000 initially, with ongoing annual costs.
  • It can take up to 6 months to get a deputyship order in place.
Don't assume  that if you’re married or in a civil partnership, that your spouse would automatically be able to deal with your bank account and pensions, and make decisions about your healthcare, if you lose the ability to do so. This is not the case. Without an LPA, they won’t have the authority. ​
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Where do I start?
Call our estate planner Christopher directly on 07968 763866 or send us a message to get the ball rolling.

Christopher will then arrange a time that is convenient with you to either have another phone call, video chat or come to your home- this is free with no obligation to take our advice.

We can guarantee that your final documents will be accurate, legally valid and will reflect your wishes. We will submit the application on your behalf to ensure that it meets their requirements. You will then be able to achieve the peace of mind that it is ready if/ when it is needed.

Frequently Asked Questions about LPA's

Q. What is the difference between a power of attorney and a lasting power of attorney?
A. The main document that encompasses all needs during your lifetime is a Lasting Power of Attorney (LPA) it is a legal document that gives one, or more, permission to make decisions on your behalf. An LPA for financial decisions can be used both whilst mental capacity is held, and can continue once it is lost. 
Q. Can it be changed?
A. The person who the power of attorney is for (known as the donor), has the authority to revoke it at any time, as long as they are still mentally competent and able to communicate.
Q. What power does it give you?
A. The power that a named person has is dependent on whether it is for an ordinary power of attorney, or a lasting power of attorney; and whether it is for health and welfare or property and finance. At the time of completing the LPA form, this can be further explained to you. The power that you have will always be in the best interest of the person who you are making the decisions on behalf of. 
Q. Does a spouse automatically have medical power of attorney?
A. If you are legally married, your spouse is already designated by law to speak on your behalf if you become incapacitated. In all other cases, you should choose someone to designate as your Health Care Power of Attorney.
If you have any other questions that have not been answered, then have a look on the frequently asked questions page. Alternatively, send us a message or arrange for us to call you or come to visit you to discuss your options further. 
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