LPA Solicitors London

Common Lasting Power Of Attorney Questions

• Why is a lasting power of attorney important?

  Many individuals are unaware that even their closest relative does not have automatic legal authority to manage their affairs without an LPA.

  While we hope you will never need to use your LPA, if you ever come to need it, it is utterly invaluable.

  Tragically, there are instances where individuals regret not having a Lasting Power of Attorney (LPA) in place. One such case is that of Heather Bateman, who faced an overwhelming and costly legal battle due to the absence of an LPA. Despite being married for years and having written Wills, Heather was unable to access her husband’s funds to continue to support the family after he fell into a coma from a car accident.

  To sum up, without an LPA, your family may face difficult and potentially costly legal battles to access your funds or make decisions on your behalf. An LPA also ensures that your wishes are respected and that the people you trust are dealing with your finances and property and making decisions about your health and welfare, rather than a court-appointed stranger.

• What does a lasting power of attorney cover?

  There are two types of LPAs: one for property and financial affairs, and one for health and welfare.

  An LPA for property and financial affairs covers decisions such as managing bank accounts, paying bills, buying and selling property, and making investments.

  An LPA for health and welfare covers decisions about a person’s healthcare, such as what medical treatment they should receive and where they should live.

  Having both types of LPAs in place provides comprehensive protection and ensures that all aspects of your life are covered.

• Can my daughter/son make a Lasting Power of Attorney on my behalf?

  No, an LPA must be made by the individual who is granting the power ( the “donor”).

  The donor must have the mental capacity to make the LPA and understand the implications of granting someone else the authority to make decisions on their behalf.

  Your daughter or son cannot make an LPA on your behalf, but they can act as your attorney if you grant them the authority to do.

• Can I/ should I appoint two attorneys?

  Yes, you can appoint more than one attorney as long as they are over the age of 18.

  Appointing multiple attorneys can provide added security, as decisions will be made collectively, ensuring that a variety of perspectives are taken into consideration.

  However, it is important to consider the responsibilities of the attorneys and whether they are comfortable working together, as well as any potential conflicts of interest.

  In some cases, it may be beneficial to appoint one attorney for financial matters and another for healthcare decisions, so that each attorney can specialize in their area of expertise.

  Ultimately, the decision of whether to appoint one or multiple attorneys is a personal onethat should be based on your individual needs and circumstances. It is important to choose attorneys who you trust and who understand your wishes.

• My son lives in France can he still be an attorney?

  Yes, the appointment of an attorney is not limited by location, as long as the person is over the age of 18 and has the mental capacity to act in the role.

  However, there may be some practical considerations to take into account. Think about potential difficulties with communication or what would happen if an emergency arose.

• Can an LPA be cancelled?

  Yes, you can cancel a Lasting Power of Attorney – providing you have the mental capacity to do so.

  This is called revoking the LPA. To revoke an LPA, you need to take steps to officially cancel the document, such as informing the attorney and the Office of the Public Guardian in writing.

• Does an LPA continue after death?

  No, the LPA becomes void upon the death, and the attorney named in the LPA can no longer make decisions on behalf of the donor. The deceased person’s estate will be administered according to their will or the laws of intestacy if there is no will.

• What should I consider when making my LPA?

  When making an LPA, you should consider the following:

  1. Who you want to appoint as your attorney: Choose someone you trust to make decisions on your behalf.

  2. The scope of the attorney’s powers: Consider what decisions you want your attorney to be able to make, and what restrictions you want to place on their powers.

  3. The type of LPA: There are two types of LPAs – one for property and financial affairs and another for health and welfare. You can make one or both types of LPAs.

  4. Legal requirements: Make sure your LPA meets the legal requirements and is properly registered and executed.

  If you are a couple, you should also consider making a mirror LPA:

  In a mirror LPA, each person names the other as their attorney and the terms and conditions of the LPA are the same for both documents. This type of LPA can be useful for couples, partners, or close family members who want to ensure that they can make decisions for each other if one of them loses capacity.

  It is important to note that both mirror LPAs must be registered separately with the

  Office of the Public Guardian before they can be used.

  Contact us today for legal advice to ensure that your LPA is legally valid and meets your specific needs.

• Can I use my Lasting Power of Attorney once all relevant parties signed it?

  No, an LPA cannot be used just because all relevant parties have signed it.

  The LPA must also be registered with the Office of the Public Guardian before it takes effect.

  While registration is not required to be done immediately, it is important to keep in mind that the registration process with the Office of the Public Guardian can take up to two months to complete. It is therefore advisable to plan ahead and allow sufficient time for the registration to be completed before the LPA is needed.

  Only once the LPA has been registered can the attorney named in the LPA make decisions on behalf of the person who created the LPA.

• How much do you charge for making a Lasting Power of Attorney?

  A single Lasting Power of Attorney costs £250.00 plus VAT, or a pair of Lasting Powers of Attorneys cost £450 plus VAT. This fee does include completing the registration process, however does not include disbursements such as the Office of the Public Guardians registration fee (currently £110, but a fee exemption may be available depending on your circumstances).