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Setting up LPAs so someone can make decisions on your behalf if you lose capacity, covering both property/finance and health/welfare.
FAQs
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that lets you appoint one or more people you trust, known as attorneys, to make decisions on your behalf if you become unable to make them yourself. It's one of the most important documents you can put in place, because serious illness or injury can strike unexpectedly at any age, not just in later life.
What are the two types of Lasting Power of Attorney?
There are two forms of LPA. A Property and Financial Affairs LPA covers decisions about money, bills, bank accounts and property. A Health and Welfare LPA covers decisions about medical treatment, care and daily routine. They're separate documents, and many people put both in place at the same time so every type of decision is covered.
When can a Lasting Power of Attorney be used?
An LPA can only be used once it has been registered with the Office of the Public Guardian, so it's sensible to register it as soon as it's made rather than waiting until it's needed. A Health and Welfare LPA can only ever be used once you've lost the capacity to make the decision yourself, while a Property and Financial Affairs LPA can, if you choose, also be used with your permission while you still have capacity.
What happens if someone loses mental capacity without a Lasting Power of Attorney?
A family member would need to apply to the Court of Protection to be appointed as a deputy to manage that person's affairs. This is a more expensive, complex and time consuming process than registering an LPA, and in the meantime loved ones may be unable to access money or make welfare decisions. That's why putting LPAs in place while you can is so strongly recommended. It also allows you to choose who to appoint as your attorneys whereas you can't be sure that the right person will apply to be a deputy.
Can Marsons prepare and store my Lasting Power of Attorney?
Yes. We'll advise you on what making an LPA means for you, prepare the forms, act as the "certificate giver" to confirm you have capacity to make the LPA, and handle registration with the Office of the Public Guardian, so there's no doubt about your attorneys' authority if the time comes. We're also happy to store your LPA documents in our safe free of charge, giving you and your family peace of mind that they'll be ready when needed.
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