Experienced Lasting Power Of Attorney LPAs Solicitors In Gateshead And Washington
A Lasting Power of Attorney or LPA is a legal document giving authority to a trusted representative to make decisions on your behalf, should you ever become unable to do this yourself or should you choose to have help.
You can make an LPA in respect of both your property and financial affairs and also your health and welfare.
It is highly recommended that everyone has an LPA in place, just in case it is ever needed. You cannot make an LPA once you lose the mental capacity to understand what the document does and how it will be used. Loss of capacity can come about due to illness, or as a result of an accident.
At John Donkin Solicitors, we advise clients on both types of Lasting Power of Attorney, ensuring they have the right protection in place for the future. We are experienced in working with clients in this sensitive area of law and will ensure that we answer all of your questions, giving you the guidance and support you need. We have come across numerous examples where professional assistance wasn’t obtained, resulting in problems arising with LPAs that were either defective or didn’t achieve what the donor intended.
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Our Lasting Powers of Attorney services
We provide a full range of services for those considering making a Lasting Power of Attorney, including:
- Advice on a property and financial affairs LPA
- Advice on a health and welfare LPA
- Discussing how an attorney can help you and how to choose the right person
- Advice on the role of attorney under an LPA
- Guidance on what powers to give your attorney
- Preparing bespoke Lasting Power of Attorney forms for signature
- Registering your Lasting Power of Attorney with the Office of the Public Guardian, where required
- Reviewing or revoking an LPA
- Disclaiming or retiring as an attorney under an LPA
Why is it important to have a Lasting Power of Attorney?
If you have an LPA, then your attorney will be able to step in to manage your affairs for you if you ever become unable to make decisions yourself. Without an LPA, your loved ones will not have any authority to carry out tasks such as paying bills or arranging care for you.
When someone loses the ability to deal with their affairs and they have not made an LPA, their family members will need to apply to the Court of Protection for a deputyship order. This can be complicated, costly and time-consuming and while the application is being made, no-one will be able to take decisions on their behalf. This can make the situation very difficult. A deputy is also subject to more ongoing costs and supervision than an attorney.
If an LPA has been made, then an attorney has the power to make arrangements for you if this is necessary. This could be while you are temporarily incapacitated or on a long-term basis. Your attorney is legally bound to act in your best interests at all times.
What type of Lasting Power of Attorney do I need?
There are two types of LPA:
- Property and financial affairs LPA; and
- Health and welfare LPA
Property and financial affairs LPA
A property and financial affairs LPA gives your attorney the power to deal with issues such as:
- Paying your bills
- Managing your bank account
- Selling your home
- Investing money
You can use a property and financial affairs LPA straight away if you want, for example, if you need help with your banking or you will be out of the country and need someone to manage your financial affairs, or deal with a property while you are away.
Health and welfare LPA
A health and welfare LPA authorises your attorney to make the following decisions:
- Where you will live
- What medical care you will receive
- What your day-to-day life will look like, for example, what activities you will do and who you will see
- What life-sustaining treatment you will be given
A health and welfare LPA can only be used by your attorney after you have lost the mental capacity to make your own decisions.
When should I make a Lasting Power of Attorney?
You must have sufficient mental capacity to understand the implications of signing an LPA. This means that if you lose the ability to make your own decisions, it is usually too late to make an LPA. By making an LPA when you are able to manage your own affairs, you and your loved ones have the security of knowing that you have help in place, should you ever need it. You can revoke an LPA at any time prior to losing capacity.
Contact our Gateshead and Washington LPA solicitors
Our expert Lasting Power of Attorney solicitors in Gateshead and Washington will be happy to discuss the implications of signing an LPA with you and answer any questions you may have.
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