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. If you do not have an LPA in place, the process of making decisions on your behalf can become more complex and time-consuming.
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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.
Understanding the Consequences of Not Having an LPA
If you lose mental capacity and do not have an LPA in place, the Court of Protection will need to appoint a deputy to make decisions on your behalf. This process can be time-consuming and stressful for your loved ones.
The Court of Protection Process The Court of Protection is a specialised court that deals with matters relating to people who lack mental capacity. If you do not have an LPA in place and lose mental capacity, your loved ones will need to apply to the Court of Protection to have a deputy appointed.
The application process involves providing the court with evidence of your mental capacity and details of your circumstances. The court will then assess the situation and decide who is best suited to act as your deputy.
Potential Deputies The court may appoint a family member or friend as your deputy. However, if there is no suitable person available, the court may appoint a professional deputy.
The Powers of a Deputy A deputy has the power to make decisions on your behalf in areas such as:
- Property and financial affairs
- Health and welfare
The specific powers of a deputy will depend on the terms of the Court of Protection order.
The Costs of Court of Protection Proceedings There are costs associated with applying to the Court of Protection. These costs can be significant, particularly if the case is complex.
The Importance of Court-Appointed Deputies While the process of applying to the Court of Protection can be time-consuming and stressful, it is important to remember that court-appointed deputies are subject to strict oversight. The court will ensure that the deputy is acting in your best interests and is accountable for their decisions.
Alternatives to Court-Appointed Deputies In some cases, it may be possible to avoid the need for a court-appointed deputy. For example, if you have a clear and up-to-date will, your executors may be able to manage your affairs. However, it is important to note that a will does not give your executors the same powers as a deputy.
The Benefits of Having an LPA in Place Having an LPA in place can offer several benefits, including:
- Peace of mind: Knowing that you have appointed someone you trust to make decisions on your behalf can provide peace of mind.
- Avoidance of court proceedings: If you have an LPA in place, you can avoid the time and expense of applying to the Court of Protection.
- Control over your affairs: An LPA allows you to choose who will make decisions on your behalf and to set out your wishes in advance.
Conclusion If you do not have an LPA in place and lose mental capacity, the process of making decisions on your behalf can become more complex and time-consuming. By having an LPA in place, you can avoid the need for court-appointed deputies and ensure that your wishes are respected.
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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