Can I use my LPA in the future?
Posted on 19th December 2018
Solicitors in Lancaster, MG Legal, are experts in drafting Lasting Powers of Attorney (LPAs). There are two types of LPA that you can create: one relates to financial decisions, and one relates to your health and care decisions.
Whilst it may seem like a trivial matter, and you may think it will never happen to you, LPAs can cover a variety of situations, such as if you no longer have capacity or if you are physically unable to make decisions yourself. You can appoint Attorneys in other circumstances, such as if you are abroad and want someone to deal with property matters on your behalf, however Solicitors in Lancaster would need to discuss the circumstances with you, and advise you on the best way to proceed and the costs involved.
If you are thinking of making LPAs then there are a few things to consider:-
Who would you appoint as your Attorney(s)? You should be aware that your Attorneys should be over the age of 18, and should (at the time of making the LPA) have capacity themselves. If they were to lose capacity at a later date, your Solicitors in Lancaster can discuss the best way to proceed and how you would overcome this issue.
How do you want them to act? There are a few different options on how your Attorneys can act, namely Jointly and Severally, Jointly and Severally. It is worth discussing this with your Solicitors in Lancaster as you can include specific instructions on how you want your Attorneys to deal with your matters.
When do you want them to act? Again, this might seem like a silly question – when I can’t make my own decisions, duh! – however, you can choose to give your Attorneys the option to act either when you no longer have capacity or straight away. Whilst it might seem like the obvious choice to have them act when you lose capacity, it is worth discussing with your Solicitors in Lancaster as this option can potentially create issues with using your LPA.
Whilst the above are the most important things to consider, another thing to think about recommended by your Solicitors in Lancaster, is whether you plan on moving abroad, or whether you are abroad planning to move back to the UK. Usually, it is advisable to create an LPA in each separate jurisdiction (usually different countries) that you think you might need it in. However, you may be able to used a notarised copy. Solicitors in Lancaster would advise you to seek legal advice in the relevant country.
On the other hand, if you are abroad and planning to create an LPA in the UK, this can be easily dealt with by your Solicitors in Lancaster. For advice on how to create your LPAs and what information we need to proceed, contact Solicitors in Lancaster on 01524 581 306.
Another thing that is important to consider is whether you have a valid Will in place. Again, whilst this can seem trivial, it is important to make sure that your wishes are covered so that when you pass away, you can give your family and friends what you want, rather than your estate passing as per the rules of intestacy. See Solicitors in Lancaster’s blog here.
Or, if you need legal advice about a Grant of Probate application, contact your Solicitors in Lancaster MG Legal, on 01524 581 306 or email enquiries@mglegal.co.uk to see how we can help you.
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Tagged as: Garstang Solicitors, Lancaster Law, Lasting Power of Attorney, Law, Living Will, Longridge, MG Legal, Preston Law, Solicitors in Lancashire, Solicitors in Longridge, Wills and Probate, Your Local Solicitors
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