09.07.19

Step-sisters’ inheritance hangs on whose parent died first

Which of two step-sisters receives a £300,000 inheritance rests on a judge’s opinion of whose parent died first, in a cautionary tale for parents yet to draft a Will. In October 2016, John Scarle, 79, and Ann Scarle, 69, both … Find out more »

30.05.19

Delays of up to 12 weeks as probate moves online

Since the introduction of the new online system, grants of probate are taking up to twelve weeks to finalise. When comparing this with the usual ten day turn around, it can’t be deemed entirely successful. This issue comes as higher … Find out more »

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Lasting Power of Attorney

A Lasting Power of Attorney (LPA) is a legal document that allows you (the Donor) to nominate a person you trust (the Attorney) to handle all your affairs in the event that you are unable to due to mental incapacity. It covers decisions relating to finances, property and wellbeing and should it need to be actioned it is registered with The Office of The Public Guardian (OPG), part of The Ministry of Justice. Anyone over the age of 18 can make an LPA which is made in advance of the Donor losing capacity and is kept until it is needed.

There are two types of LPA:

Health and Welfare – your Attorney’s decisions will be made as to giving or refusing consent for medical procedures, your daily routine, whether you stay in your own home or move into a care home, and selecting the right home for you.

Property & Financial Affairs – your Attorney will make decisions on buying and selling property, opening and closing bank accounts, dealing with any investments and claiming benefits or pensions on your behalf.

Once an LPA is registered with the OPG they would deal with any complaints.

The benefits of making an LPA are that you can appoint the person, or people, that you want to make decisions for you ad you can plan in advance the decisions you want to be made on your behalf. If you do not make an LPA the Court of Protection will appoint one or more people to make y our decisions for you and you will have no say in who the Court chooses.

An LPA is therefore a safe way of protecting yourself in the event of losing capacity as control is given to people of your chosing but they are regulated. Your chosen Attorneys must agree to act and their signatures as well as yours must appear on the form and be witnessed. It also saves moeny as OPG appointed Attorneys are costly.

When preparing your will it is recommended that you prepare an LPA at the same time.

Click here to view the LPA Fact Sheet.

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