Disclaimer: this is NOT legal advice, just a broad guide.
Planning for the future isn’t always easy, but understanding lasting powers of attorney is an essential step in protecting yourself and your loved ones. This lasting power of attorney guide will help you navigate the basics of this crucial legal document and explain why it matters for everyone, regardless of age or circumstances.
What is LPA UK?
A Lasting Power of Attorney, commonly known as an LPA, is a legal document that allows you to appoint someone you trust to make decisions on your behalf if you become unable to do so yourself. This could be due to an accident, illness, or conditions like dementia. Without an LPA in place, your family may need to apply to the Court of Protection to make decisions for you, which can be a lengthy, stressful, and expensive process.
In the UK, there are two types of LPAs. The first covers property and financial affairs, allowing your chosen attorney to manage your money, pay bills, and handle property transactions. The second covers health and welfare decisions, including choices about medical treatment, care arrangements, and where you live. You can choose to set up one or both types depending on your circumstances.
Powers of Attorney Explained
Understanding the different types of powers of attorney is important for making informed decisions. A Lasting Power of Attorney differs from an Ordinary Power of Attorney, which only remains valid while you have mental capacity. Once you lose capacity, an ordinary power of attorney becomes useless, which is precisely when you need it most.
With an LPA, the authority continues even after you lose mental capacity, provided the document has been registered with the Office of the Public Guardian. This registration process is essential and must be completed before the LPA can be used, although you can register it at any time after it’s been made.
Getting Started with Your LPA
Creating an LPA involves completing the appropriate forms, which are available from the government’s website. While you can complete these yourself, many people seek professional help to ensure everything is done correctly. The forms must be signed in a specific order by you, your certificate provider, and your chosen attorneys.
Once completed, your LPA must be registered with the Office of the Public Guardian before it can be used. There’s a registration fee, though reductions and exemptions are available for people on certain benefits. The registration process typically takes several weeks, so it’s worth planning ahead rather than waiting until a crisis occurs.
Call a Professional Solicitor
Professional lasting power of attorney help from a solicitor should always be sought. If you need a professional solicitors, we recommend Helen Starkie solicitors. They’re based in Bath and serve the surrounding area. Helen Starkie solicitors provide a range of services including lasting powers of attorney, general powers of attorney and wills & probate.
Whether you’re based in Bath or elsewhere in the UK, seeking professional LPA advice can provide peace of mind that your documents are properly prepared. Local solicitors can offer personalized guidance based on your specific circumstances and ensure your LPA reflects your wishes accurately.
Remember, creating a Lasting Power of Attorney isn’t just for elderly people or those with health concerns. Accidents and unexpected illnesses can affect anyone at any age. By setting up an LPA while you’re healthy and have full mental capacity, you’re taking a proactive step to protect yourself and make things easier for your loved ones should the unexpected happen.
Taking control of your future through an LPA is an act of care, both for yourself and those who matter most to you. Disclaimer: this is NOT legal advice just a broad guide.