Planning Ahead: Lasting Powers of Attorney
Gill Snow – Solicitor
To discuss the process of making and registering an LPA please contact me on 01580 762248 or email info@pengelly-rylands.co.uk.
If you've ever worried about what would happen if you were unable, through mental or physical incapacity, to handle your own affairs a Lasting Power of Attorney (LPA) could be the answer.
The LPA replaced the old Enduring Power of Attorney in 2007 and allows you to appoint someone you trust to help you manage your finances or welfare. If you were ever to be unable to physically deal with the bank or building society your attorney would be able to do so on your behalf as well as claim benefits for you and even sell your property and if you were ever to lose mental capacity they could make decisions for you.
There are two types of LPA available, one which deals with property and finance and one which deals with personal welfare. If you appoint an attorney under a welfare LPA they will be able to make decisions on your behalf about where you live, how you live and even medical treatment, if you were unable to make those decisions yourself.
Making an LPA is fairly straightforward, and it involves at present, completing a 26 page form which will be simplified down to 11 pages from October. You need to decide who you will appoint as attorney, whether you will have one or more attorneys and whether you wish to restrict the decisions which your attorney can make. Under the terms of The Mental Capacity Act 2005 your attorney must consult with you, whilst you have capacity and if ever you were to lose mental capacity must act in your best interests. You will also have to choose a certificate provider. This is an independent person you have known personally for at least two years or a professional, who must talk to you about the LPA and ensure you are aware of what you are doing. You must also choose someone to be notified when the LPA is to be registered, another safeguard for the vulnerable.
Lasting Powers of Attorney can only be used once they are registered with the Court of Protection. This can take anything up to three months and costs,
at present, £120 to register each LPA. I would recommend that anyone making an LPA has it registered, so that if it is ever needed it can be used without delay.
If an individual loses capacity without a registered LPA in place application must be made to the Court of Protection for a deputy to be appointed to look after their property and financial affairs. This can be a lengthy and costly process.
Our firm can guide you through the whole process of making and registering an LPA and do as much or as little as you wish. I would recommend making an LPA whilst you are fit and healthy as it will give you the peace of mind of knowing that someone you trust will be able to make decisions on your behalf if the need ever arose.
Published October 2009
