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At Swansea Legal Solutions we are often asked: “Do I really need a Lasting Power of Attorney (LPA) and can I do it myself?”
To put this into context, the Office of the Public Guardian has reported that less than 1% of the adult UK population have a Lasting Power of Attorney (LPA). However, we are all at risk of losing our mental capacity in some way or another.
Types of LPA
An LPA is a legal document in which you (known as the donor) appoint people as your attorneys to help you make decisions or make decisions on your behalf. There are two types of LPA. The first is Property and Financial Affairs, this essentially does what it says on the tin. It enables your chosen attorneys to manage your finances and sell your property. The second is Health and Welfare, which deals with the more personal aspects of your life e.g. your care options, your diet and even decisions on life sustaining medical treatments.
Whilst you may think an LPA is just for the elderly, it’s important to note that any of us can lose capacity at any age. And whilst your Will takes effect on death, your LPA provides for when you are living and unable to make your own decisions.
Why Have an LPA?
So why do you need to appoint a spouse or children as attorney when they can fulfil your wishes as next of kin? This is a common misconception that we hear all the time. Unfortunately, your next of kin have no automatic legal right to make decisions about your care, treatment or access your bank accounts. The only way to guarantee that your loved ones can make decisions on your behalf when you have lost mental capacity is by appointing them as attorney under your LPA.
Your Property and Financial Affairs LPA can also work if you still have mental capacity. You may find yourself in a situation where you are incapable of leaving your home or you arein hospital for a short time. During this time, your LPA can allow your chosen attorney to pay your bills and manage your bank accounts with your consent. This means that you still have access to your funds whilst lacking the physical ability to attend the bank. It is important to note that this only applies to Property and Financial Affairs LPA’s, Health and Welfare LPA’s only gives your attorney’s power when you have lost mental capacity.
Interestingly, one in three people over the age of 65 in the UK will develop dementia. That’s why it’s so important to get your LPA in place as soon as you can. Whilst we may be able to take your instructions in the early stages of dementia, we cannot do this after you have lost capacity. In this case, The Court of Protection may need to appoint someone to make decisions on your behalf. This may not be the person that you would like and is a much more costly and lengthy process.
Why Use Swansea Legal Solutions for Your LPA?
There are a number of reasons why you should appoint a professional organisation like Swansea Legal Solutions to sort out your LPA. For example, the Office of the Public Guardian do not check the names and addresses that you include in your form. If there are any mistakes, the LPA will still be registered but will be invalid. The effect of this is that when your attorney attempts to use their powers, this may not be allowed as their identification does not match the LPA document.
Whilst the form appears rather easy to complete, if you do not follow the Court’s instructions exactly, your application may be rejected. You may then need to amend your application and pay another registration fee.
When making your application online, there is no measure to prove who is setting up the LPA. Unfortunately, someone who is looking to take advantage may be applying for an LPA and asking you to simply sign some forms. They are then given the powers to make decisions for you under the LPA if it is registered.
Instructing a professional ensures that the procedure has been done correctly based on your instructions. Do not underestimate the importance and power of this document, it can have a huge impact on your life should you lose mental capacity.
At Swansea Legal Solutions for this month only, we are offering 40% off all LPA’s booked before the end of November. Call us today on 01792 420844 to book an appointment and you can read more about our services here.
