What are Lasting Powers of Attorney?
Posted on 14th December 2023
When the words Lasting Powers of Attorney are mentioned, it can be confusing. Once a thing associated with being elderly and unable to make your own decisions due to illness or lack of capacity, now-a-days more and more people are getting their affairs in order to make it easier for their loved ones should they no longer be able to make their own decisions.
Whilst it can seem daunting to consider the 'what-if' questions, at MG Legal our expert Lasting Power of Attorney solicitors have over 35 years' experience in drafting Lasting Power of Attorneys, and have answered the five 'W' questions to help you get the ball rolling with your Lasting Powers of Attorney today.
BUT our Lasting Power of Attorney Solicitors don’t stop there! If you have any more questions, or want to get started with your Lasting Powers of Attorney, contact our expert Solicitors in Lancaster today on 01524 581 306 or email wills@mglegal.co.uk to enquire about how we can assist.
Contact our Solicitors in Lancaster to discuss Lasting Powers of Attorney
So, what are the five 'W' questions and the one 'H' question!?
What is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document which enables an individual (known as the Donor) to give authority to one or more persons to act on their behalf should they no longer have the capacity. These appointed people are known as Attorneys.
There are two types of Lasting Powers of Attorney which you can make: one pertains to Health and Care decisions, and the other is concerned with Financial Decisions. The Health and Care Lasting Power of Attorney covers decisions such as what medical care you receive, matters concerning care homes, life-sustaining treatment, etc. On the other hand, the Financial decisions Lasting Power of Attorney covers issues such as managing your banks, building society, savings, and other accounts, managing your bills, collecting benefits or pensions, and selling property.
You don't necessarily have to make both Lasting Powers of Attorney; you may decide that you only want an LPA managing your Financial decisions, or your Health decisions, or you may decide to do both: it's up to you.
When might I need a Lasting Power of Attorney and when can they be used?
There are many circumstances which might require a Lasting Power of Attorney. One common use is when the donor is unable to manage their own affairs, for example financially, and they require a third party to go into the bank on their behalf or make purchases. Another use could be that you are selling your property and are going to be out of the country so wish to appoint somebody to deal with it on your behalf.
If you think that you might need either or both Lasting Powers of Attorney, or you have questions about your circumstances, contact MG Legal's expert Lasting Power of Attorney solicitors today on 01524 581 306 or email us at wills@mglegal.co.uk. With over 35 years' experience drafting Lasting Powers of Attorneys, our team, headed by Solicitors for the Elderly-Accredited Solicitor, Naomi Pinder, are on-hand to ensure that you make the right decision for you.
Lasting Powers of Attorney need to be registered with the Office of the Public Guardian (OPG) to be valid. The OPG stamp each page and return it to us. When we are drafting the Lasting Powers of Attorney, you will stipulate when you want the Lasting Power of Attorney to take effect. There are two options with the financial Lasting Power of Attorney: it can be used from when it is registered, or once you have lost capacity. Lasting Power of Attorney health decisions can only be used if you lack capacity.
The Lasting Power of Attorney guidance notes suggest that it is better to allow your Attorneys to use the Lasting Power of Attorney financial decisions as soon as it is registered, otherwise your attorneys may have to prove that you lack capacity every time they need to use them, which could obviously be time consuming and may cause your Attorneys problems using the documents.
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Where can I go to sort my Lasting Powers of Attorney?
The forms for the Lasting Powers of Attorney are available on the government website, and can be downloaded, printed, completed and signed, and can then be submitted to the Office of the Public Guardian (OPG) for registration. However, the forms are not necessarily easy to complete, and it can often be the case that people prefer to have experts draft them on their behalf.
At MG Legal, are Lasting Power of Attorney solicitors have a breadth of experience dealing with drafting Lasting Powers of Attorney and can complete these documents on your behalf for signature and submission to the Office of the Public Guardian for as little as £300 plus VAT (as of December 2023). We can help make the process stress-free and quick, concluding your matter efficiently with a personal and friendly approach.
BUT don't just take our word for it ... read our reviews online or pop-in to your local office to have a free chat with our friendly team about your Lasting Powers of Attorney.
Why choose MG Legal's Solicitors in Lancaster?
Transparent fees.
We are the experts.
Multiple office locations.
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Why do I need Lasting Powers of Attorney?
Unfortunately, the future is uncertain for everyone. But, by making and registering your Lasting Powers of Attorney, you could help to make the future a little bit more secure, for both you and your loved ones.
In the case of illness or an accident, having a Lasting Power of Attorney in place would allow your Attorneys to step-in and make decisions on your behalf if you were unable to. Sadly, many people do not consider making a Lasting Power of Attorney until the time when they are struck with the misfortune of being ill, by which time they do not necessarily have time to wait for the Office of the Public Guardian's timescales for registration (16 weeks, as of December 2023), or they are unable to deal with the documentation themselves. Their loved ones are therefore left unable to make some decisions on their behalf, or with a costly alternative of obtaining a Deputyship Order.
Who can make a Lasting Power of Attorney?
Well, the short answer is: almost anyone can make a Lasting Power of Attorney. As long as you are over the age of 18 years, and are mentally competent, you can have a Lasting Power of Attorney. You do not need to be a British Citizen or living in the United Kingdom, either. If you intend to use the Lasting Power of Attorney in England or Wales, then you can make one. That is not to say that everyone necessarily needs one, or even should have one but, in theory, most people can.
How can I make a Lasting Power of Attorney?
If you think that you might be in need of a Lasting Power of Attorney, or you're not sure whether you should have one, then don't hesitate - give our expert team a call on 01524 581 306 to discuss your requirements, contact us, here, or email us at wills@mglegal.co.uk.
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This article was posted on 8 January 2018, and updated on 14 December 2023.
Tagged as: Lasting Powers of Attorney, Solicitors in Lancaster
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