Why is it important to register a Lasting Power of Attorney immediately?

Registering your LPA immediately ensures it is ready to use if needed. Delaying registration can result in critical delays if you lose capacity, as the registration process takes at least 12 weeks. Errors in an unregistered LPA could make it invalid at the time of need, causing complications.

What happens if I don’t have a Lasting Power of Attorney?

Without an LPA, your loved ones would need to apply to the Court of Protection to manage your affairs if you become incapacitated. This process is lengthy, costly, and may lead to financial and emotional stress during a difficult time.

What decisions can my Attorneys make with a Lasting Power of Attorney?

Attorneys can make decisions related to finances, property, health, and welfare, depending on the type of LPA. For financial matters, they can manage accounts, pay bills, or sell property. For health and welfare, they can make medical and care decisions, including life-sustaining treatment if specified.

Can I make changes to my Lasting Power of Attorney after it’s registered?

Yes, changes can be made, but the existing LPA must be revoked and a new one created. It’s advisable to consult an expert to ensure the new document is correctly prepared and registered.

What should I consider when appointing Attorneys?

Choose trusted individuals who understand your preferences and can act in your best interests. You can specify how they make decisions—jointly, independently, or a combination—and appoint replacement attorneys if needed.

How can Joslin Rhodes help with a Lasting Power of Attorney?

Joslin Rhodes offers expert assistance in creating and registering LPAs, ensuring they are legally sound and tailored to your needs. Their Protect team provides guidance throughout the process, helping to avoid errors and delays.

Lasting Power of Attorney

Thinking about how to manage your affairs if you’re unable to do so in the future? A Lasting Power of Attorney (LPA) can provide peace of mind.

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As local Estate Planning experts, we’ve been helping Teessiders protect their family and their finances, when they are no longer able to – and we can help you too.

There’s lots to consider when setting up an LPA, so here’s an overview of a few of the things you should know.

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What is a Lasting Power of Attorney (LPA)?

A Lasting Power of Attorney (LPA) is a legal document that lets you appoint one or more people (known as Attorneys) to help you make decisions or to make decisions on your behalf if you lose mental capacity. This ensures your wishes are respected even if you’re unable to communicate them yourself.

Why is an LPA Important?

1. Gives You Control Over Your Affairs: An LPA allows you to choose who will manage your affairs, ensuring someone you trust is in control.
2. Helps Avoid Court Delays: Without an LPA, if you lose mental capacity, your loved ones might need to go through a lengthy court process to gain control over your affairs.
3. Provides Peace of Mind: Knowing that your affairs are in the hands of someone you trust can provide significant peace of mind for both you and your family.
4. Covers Both Financial and Health Decisions: An LPA covers both financial and health-related decisions, ensuring all aspects of your well-being are considered.

Types of Lasting Power of Attorney

In the UK, there are two types of LPAs:

1. Property and Financial Affairs LPA

This type of LPA allows your Attorney to manage your financial matters, including:

Paying bills and managing bank accounts.
Collecting benefits or pensions.
Selling property or managing investments.

2. Health and Welfare LPA

This LPA allows your Attorney to make decisions about your health and personal welfare, such as:

Your medical care and treatment.
Where you live (e.g. moving into a care home).
Your daily routine (e.g. what you eat and wear).

Who Can Be an Attorney?

Anyone over 18 can be an Attorney, including family members, friends, or a professional such as a solicitor. It’s crucial though that choose someone you trust and who understands your wishes.

Trustworthiness: Ensure your Attorney is reliable and capable of handling your affairs.
Location: Choosing someone who lives nearby can be practical, especially for health and welfare decisions.
Understanding: Your Attorney should understand your values and preferences to make decisions that align with your wishes.

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Common Questions About LPAs

1. What Happens if I Don’t Have an LPA?

If you don’t have an LPA and you lose mental capacity, your family or friends would need to apply to the Court of Protection to become a deputy. This process is more time-consuming and costly than setting up an LPA.

2. Can I set up an LPA on my own?

You can. However, as this is a formal document that needs to be registered with the Office of the Public Guardian (OPG), we would recommend that you seek professional advice from Estate Planning professionals like us at Joslin Rhodes to avoid any necessary delays or if you are unsure of any elements on the online form.

3. How do I set up a LPA with Joslin Rhodes?

Just get in touch with us to book your free one-to-one meeting. Here our Financial Planner will discuss your personal circumstances as well as outlining all costs and next steps.

4. Can I Change or Cancel an LPA?

Yes, you can change or cancel your LPA at any time as long as you have the mental capacity to do so. To cancel an LPA, you need to send a written notice to the Office of the Public Guardian.

5. Can I Have More Than One LPA?

Yes, you can have both a Property and Financial Affairs LPA and a Health and Welfare LPA, each dealing with different aspects of your life.

6. When Can an LPA Be Used?

A Property and Financial Affairs LPA can be used as soon as it is registered, with your consent. A Health and Welfare LPA, however, can only be used if you lose mental capacity. This means your Attorneys can only make health and welfare decisions if you are unable to make them yourself.

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