Q: Mrs Jones next door just got her Solicitor to do Lasting Powers of Attorney (LPA) documents for Property and Financial Affairs, and for Health and Welfare. She says anything that happens to her during her lifetime, such as becoming ill or losing capacity, the LPAs give her family the legal right to deal with her affairs and make the right decisions for her. Do I need one?
A: LPA’s for Property and Financial Affairs are legal documents giving other persons (known as Attorneys) the authority to make decisions on your behalf about things like buying or selling a house, paying utility bills, dealing with banks etc. This authority can be activated by you during your lifetime while you have capacity to make decisions. If you lose capacity, your Attorneys can carry on helping you.
Without an LPA in place, if you lose capacity then family or a Court must go through a process to appoint a deputy to deal with your financial affairs. This can be costly, time consuming, and emotionally draining for family members.
Health and Welfare LPA attorneys cannot make decisions about property and financial matters but can participate in choosing a care home for you if you lose capacity. An attorney can only act for you under a Health & Welfare LPA once you have lost capacity.
Before they can be used, LPA documents must be registered at the Office of the Public Guardian. Each LPA costs £92 to register. A means-tested reduced fee or fee exemption may be available to low-income earners.
Planning for the future like Mrs Jones next door is not keeping up with the Joneses. It is a sensible way of planning for the future by enabling you to choose someone you trust to make decisions for you if you lose capacity. Attorneys can be a spouse, partner, family member or friend. The important thing is that you trust them and know they will always act in your best interest.
This question has been answered by Victoria Wilson, a Partner with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194
