A Lasting Power of Attorney (LPA) is a legal document that empowers someone you trust (your attorney) to make decisions on your behalf if you’re unable to do so. It can cover various aspects of your life, including financial matters, health and welfare decisions, and property and affairs.
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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.
When does an LPA come into effect?
The timing of when your LPA comes into effect depends on whether it’s a property and financial affairs LPA or a health and welfare LPA.
Property and Financial Affairs LPA
- Immediately: Your property and financial affairs LPA becomes effective as soon as it’s registered with the Court of Protection. This means your attorney can start making decisions about your finances and property right away.
- When you lose capacity: If you’ve specified in your LPA that it should only come into effect when you lose mental capacity, it will only be activated when a healthcare professional confirms that you’re no longer able to make decisions for yourself.
Health and Welfare LPA
- When you lose capacity: A health and welfare LPA only comes into effect when you’re no longer able to make decisions about your care and welfare. This means your attorney can’t make decisions on your behalf until a healthcare professional has assessed your mental capacity.
Important Considerations
- Mental Capacity: To determine whether you’ve lost mental capacity, a healthcare professional will assess your ability to understand, retain, and use information to make decisions. They’ll also consider whether you can communicate your decisions in a way that makes them clear.
- Registration: Both property and financial affairs LPAs and health and welfare LPAs must be registered with the Court of Protection before they can be used. Registration is a simple process that involves providing the Court with a copy of your LPA and paying a fee.
- Appointing a Deputy: If you don’t have a registered LPA and lose capacity, the Court can appoint a deputy to make decisions on your behalf. This process can be more complex and time-consuming than using a registered LPA.
Why You Should Consider Making an LPA
- Peace of mind: Knowing that you have an LPA in place can give you peace of mind, knowing that your affairs will be taken care of if you’re unable to make decisions for yourself.
- Flexibility: You can choose when your LPA comes into effect and who your attorney will be. This gives you flexibility and control over your affairs.
- Avoid delays: If you have a registered LPA in place, your attorney can start making decisions on your behalf as soon as you lose capacity. This can help to avoid delays and ensure that your needs are met.
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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