What is a Lasting Power of Attorney (LPA)?
A lasting power of attorney (LPA) is a legal document that may need to be called upon should you become mentally or physically incapacitated. It allows someone that you have chosen to make decisions on your behalf.
Why do I need an LPA?
A LPA ensures that the person making decisions for you is someone you trust to act in your best interests. Your family is not automatically entitled to do this.
This must be completed whilst you still have full mental capacity.
What happens if I don't have an LPA?
Should the unfortunate happen and you become mentally or physically incapacitated, perhaps due to illness or an accident, without an LPA in place someone would have to apply for Deputyship through the Court of Protection.
This process can be long winded, stressful and costly. During this time all assets would be frozen. This would leave you/or family unable to access any bank accounts etc or make any health/care decisions.
ANYONE can apply for Deputyship, including your Local Authorities. This could mean a stranger could be making decisions about your care or financial affairs.
Lasting Powers of Attorney
The different types of LPA's
Property and Financial
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Opening, managing, closing bank accounts
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Looking after your tax, investments, pensions and benefits (these could be private or state)
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Authority to pay any bills - household, health care, care home or otherwise
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Buying, leasing or selling property
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Purchasing any cars or equipment you may need
Health and Welfare
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Deciding where you live e.g. choosing your care home
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Deciding what kind of care you receive
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Making all medical decisions, including life sustaining treatment
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Deciding your social activities/selfcare routine
Registering your LPA...
No LPA is effective until it is registered with the office of public guardian. Attorneys have a statutory duty to always act in your best interests. Failure to do so could be a criminal offence.
On behalf of APS Legal & Associates Ltd, Head office: Worksop Turbine Innovation Centre, Shireoaks Triangle Business Park, Coach Close, Worksop, Nottinghamshire, S81 8APAPS Legal & Associates is a member of the Institute of Professional Willwriters. APS Legal & Associates complies with Trading Standards Institute Approved IPW Code of Practice.c Law Limited
