Life can be unpredictable, and there may come a time when you’re unable to make decisions for yourself. This could be due to illness, injury, or a decline in mental capacity. Setting up a Lasting Power of Attorney (LPA) is a proactive step that allows you to appoint trusted individuals to make decisions on your behalf. At Blackstone Solicitors, serving clients across England and Wales, we understand the importance of planning for the future. This article will explore the benefits of setting up a Lasting Power of Attorney.
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Understanding Lasting Power of Attorney (LPA)
A Lasting Power of Attorney is a legal document that allows you to appoint one or more people, known as attorneys, to make decisions on your behalf if you lose the capacity to do so. There are two types of LPA:
- Property and Financial Affairs LPA: This allows your attorneys to manage your financial affairs, such as paying bills, managing bank accounts, and selling property.
- Health and Welfare LPA: This allows your attorneys to make decisions about your healthcare and personal welfare, such as medical treatment, daily care, and where you live.
Benefits of Setting Up an LPA
- Maintaining Control:
– An LPA allows you to choose who will make decisions on your behalf, ensuring your wishes are respected.
– You can specify any restrictions or conditions on your attorneys’ powers, maintaining control over your affairs.
- Avoiding Court Involvement:
– Without an LPA, if you lose capacity, someone would need to apply to the Court of Protection to become your deputy.
– This process can be lengthy, costly, and stressful for your loved ones.
– An LPA avoids this process, providing a more efficient and straightforward solution.
- Ensuring Your Wishes Are Respected:
– An LPA allows you to express your preferences regarding healthcare and financial matters.
– This ensures your attorneys make decisions that align with your values and beliefs.
- Protecting Your Financial Interests:
– A Property and Financial Affairs LPA allows your attorneys to manage your finances responsibly.
– This protects your assets and ensures your bills are paid, preventing financial hardship for you and your family.
- Providing Peace of Mind:
– Knowing you have an LPA in place provides peace of mind for you and your loved ones.
– It ensures your affairs will be managed smoothly and efficiently, even if you lose capacity.
- Facilitating Healthcare Decisions:
– A Health and Welfare LPA allows your attorneys to make crucial healthcare decisions on your behalf.
– This ensures you receive the appropriate care and treatment, according to your preferences.
- Supporting Your Family:
– An LPA relieves the burden on your family members, who may otherwise struggle to make decisions on your behalf.
– It provides clear guidance and legal authority, reducing stress and potential disputes.
- Flexibility and Customisation:
– You can tailor your LPA to suit your individual needs and circumstances.
– You can appoint multiple attorneys, specify how they should make decisions (jointly or jointly and severally), and set out any specific instructions.
When to Set Up an LPA
It’s advisable to set up an LPA while you have the mental capacity to do so. This ensures your wishes are documented and legally valid. Key times to consider setting up an LPA include:
- When you are planning for your future.
- When you are diagnosed with a progressive illness.
- When you are concerned about potential cognitive decline.
- When you want to ensure your affairs are managed according to your wishes.
Choosing Your Attorneys
Selecting the right attorneys is crucial. Consider the following factors:
- Trustworthiness: Choose individuals you trust to act in your best interests.
- Capability: Ensure they are capable of managing your affairs responsibly.
- Availability: They should be available to dedicate the necessary time and effort to the role.
- Impartiality: They should be able to act impartially and fairly.
Why Seek Professional Legal Advice?
At Blackstone Solicitors, we can:
- Provide Expert Guidance: We can advise you on the legal requirements and best practices for setting up an LPA.
- Draft Clear and Accurate Documents: We can help you complete the necessary forms and ensure your LPA is legally valid.
- Offer Peace of Mind: Knowing your LPA is drafted by a professional provides peace of mind that your wishes will be respected.
- Register the LPA: We can handle the registration of your LPA with the Office of the Public Guardian.
Setting up a Lasting Power of Attorney is a proactive step towards ensuring your future is secure and your wishes are respected. Contact Blackstone Solicitors today to discuss your LPA needs and ensure your affairs are in safe hands.
We have a proven track-record of advising upon all aspects of private client work. We will guide you through the process and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.to incorporate, what kind of ownership
How to Contact Our Private Client Solicitors
It is important for you to be well informed about the issues and possible implications of writing a Will. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.
To speak to us 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.