A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint someone you trust to make decisions on your behalf if you lose mental capacity or are unable to communicate. There are two types of LPAs:
- Property and Financial Affairs LPA: This allows your appointed attorney to manage your financial affairs, such as paying bills, selling property, and making investments.
- Health and Welfare LPA: This allows your appointed attorney to make decisions about your health and welfare, such as where you live, what medical treatment you receive, and who can visit you.
While LPAs are often associated with older adults, younger adults may also benefit from having an LPA in place
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Free Initial Telephone Discussion
For a free initial discussion on how we can help you deal with the legal implications of creating a lasting power of attorney, get in touch with us today. We are also experienced in dealing with all aspects of Wills and Probate and we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.
- Accidents and Injuries
Even young adults can experience accidents or injuries that may leave them unable to make decisions for themselves. For example, a car accident, sports injury, or sudden illness could result in a loss of mental capacity.
- Medical Conditions
Some medical conditions, such as brain injuries, mental health disorders, or chronic illnesses, can affect a person’s mental capacity, even at a young age. An LPA can provide peace of mind knowing that someone you trust can make decisions on your behalf if you are unable to.
- Travel and Adventure
If you are planning to travel or participate in adventurous activities, an LPA can be a valuable safety net. In case of an accident or illness while abroad, your appointed attorney can make decisions about your medical care and financial affairs.
- Unexpected Events
Life can be unpredictable, and unforeseen events can happen at any age. An LPA can help you prepare for unexpected circumstances, such as a natural disaster or a sudden illness.
- Peace of Mind
Having an LPA in place can provide peace of mind for both you and your loved ones. It can help alleviate stress and anxiety about what might happen if you were unable to make decisions for yourself.
Creating an LPA: A Step-by-Step Guide
If you are considering creating an LPA, here are the general steps involved:
- Choose Your Attorneys: Decide who you want to appoint as your attorneys. You can choose different attorneys for your Property and Financial Affairs LPA and your Health and Welfare LPA.
- Complete the LPA Forms: Obtain the LPA forms from the Court of Protection. You can download them online or request them by post.
- Fill Out the Forms: Complete the forms carefully, providing all the necessary information.
- Get the Forms Witnessed: Your LPA forms must be signed and witnessed by two people who are not named as your attorneys.
- Register the LPA: Once you have completed the forms, you will need to register them with the Court of Protection.
Important Considerations
When creating an LPA, it’s important to consider the following:
- Review and Update Regularly: Your circumstances may change over time, so it’s important to review your LPA regularly and make any necessary updates.
- Choose Your Attorneys Carefully: Choose attorneys who you trust and who are likely to act in your best interests.
- Consider a Deputy: If you are concerned about your appointed attorney’s ability to act in your best interests, you may want to consider appointing a deputy. A deputy is a professional who is appointed by the Court of Protection to make decisions on your behalf.
- Seek Legal Advice: If you have any questions or concerns about LPAs, it’s recommended to seek legal advice from a specialist in Lasting Powers of Attorney.
How we can help
We have a proven track-record of helping clients create a lasting power of attorney. This also includes all the different types, even if you need more than one. We are a multidisciplinary firm and have all the expertise inhouse to satisfy the most exacting requirements of our clients. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
How to Contact Our Wills and Probate Solicitors
It is important for you to be well informed about the issues and possible implications of creating a Lasting Power of Attorney. However, expert legal support is crucial in terms of ensuring your wishes are met as you would want them to be.
To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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