Lasting Power of Attorney & Free Basic Will or Will Review

To arrage a free consulation with one of our Later Life Planners about an LPA click below

As everyone’s financial situation is different, there are allowances from the Office of The Public Guardian available to those on low income. Our fee does not include the Office of the Public Guardians registration fee which is currently from FREE to £82.00 depending on your situation. We will provide a guide on what to do with your LPA once completed. We will also provide the LPA120 form so you can apply for the reduced fee or Nil fee as applicable.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) allows your loved ones to take care of you and your finances if you become unable to do so yourself.

Why should I have one?
  • Health conditions such as Dementia, Parkinson’s disease, or a stroke can cause making decisions to become virtually impossible.
  • If you lose mental capacity without an LPA, it can cost your family time and thousands of pounds to be given permission to handle your affairs.
  • Without an LPA, any joint bank accounts you hold with your partner could become severely restricted.
  • This can be devastating, especially if the joint owner has their income or pension paid into this account, or they use it to pay critical bills such as a mortgage or utility costs.

There are two types of LPA:

“Property and Financial Affairs” LPA allows your loved ones to deal with paying your bills, buying and selling your property and managing your bank accounts and investments.

“Health and Welfare” LPA covers decisions about health and care and even deciding where you are to live. This can only be used if someone is incapable of dealing with such matters themselves.

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Lasting Power Of Attorney FAQ's

Do I need a solicitor?

You don’t have to seek legal advice, or use a solicitor, in order to make an LPA. Many people find that they are able to complete the form without legal help.

However, an LPA is a powerful and important legal document, and it can be a good idea to seek advice from a legal adviser with experience of preparing them. This is likely to cost. You might want to look at the LPA forms and read the guidance notes first, and then see if you feel you need legal advice.

What happens if I don’t make an LPA?

If you don’t make an LPA, and later become unable to make certain decisions for yourself, there may be a time when no one can legally make decisions for you. This can make things difficult, such as paying bills or care costs, or making decisions about your future care.

If this happens, someone may need to apply to the Court of Protection to become your deputy. This gives them similar powers to that of an attorney. A relative or friend can apply to be your deputy, or a professional may be appointed. The process of becoming a deputy is a lot more time-consuming and expensive than an LPA. A deputy must also do some things on an ongoing basis, such as paying an annual fee and submitting an annual report, so it is usually easier for someone to be an attorney rather than a deputy.

Who should make a LPA?

Anyone over the age of 18 can have a LPA, although most people tend not to think about it until they’re older. However, it’s often wise to set up an LPA whatever your age. It’s also a good idea for people in potentially dangerous jobs that might cause them to lose mental capacity (such as firefighters and construction workers), to have an LPA ready, just in case they have an accident at work that leaves them incapacitated (for example, in a coma) and need people to make decisions for them.

Can a married couple have a joint LPA?

No. LPAs are personal so you will need to set up your own LPA. However, they can be set up at the same time, and by the same solicitor.

Who should you pick as an attorney on a LPA?

The attorneys need to be over 18 and not subject to a debt relief order or declared bankrupt. Other than that, it’s up to you. However, you should pick someone who knows you well, is organised and interested in ensuring that your wishes are met, and most importantly, someone who can be trusted. Many people pick their spouse, children or siblings, but you can also pick a professional such as a solicitor or doctor

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