Lasting Powers of Attorney Solicitors in Taunton
Why You Should Make a Lasting Power of Attorney
Most of us understand the importance of keeping a Will up to date even if it’s something we tend to delay. However, far fewer people take the time to make a Lasting Power of Attorney, despite the significant peace of mind it can bring.
Planning Ahead: Use a Lasting Power of Attorney to Stay in Control
We all value our independence, making our own decisions, managing finances, and living in our own homes. But circumstances such as illness, accidents, disability, or age-related conditions can suddenly affect our ability to manage these aspects of life. When that happens, having chosen to use a Lasting Power of Attorney can make all the difference.
Types of Lasting Power of Attorney
There are two types of LPA you can set up:
Property and Financial Affairs LPA – This allows someone you trust to handle your finances, such as paying bills, managing bank accounts, or selling property.
Health and Welfare LPA – This covers decisions about medical care, daily routines, and living arrangements.
You can make a Lasting Power of Attorney for either or both areas, depending on your needs and preferences. The most commonly used is the Property and Financial Affairs LPA, but many choose to have both for comprehensive protection.
Advantages
The advantage of an LPA is that you can use it to choose which trusted person or people will look after you and your property in the event of you becoming unable to do so yourself. You can give specific instructions to those attorneys and direct how they will deal with issues on your behalf.
Once created and registered, the LPA will remain in place as a long term safeguard – although you are free to revoke it at any time, provided that you retain the capacity to do so. Not only does this give you peace of mind, but it also makes it much easier for those close to you to help you if the worst happens.
It can be expressed to take effect immediately or only when a change in your circumstances arises.
The alternative is a more complicated and costly application to the Court of Protection to appoint “deputies” to act on your behalf, whose actions are then subject to the strict control of the Court. If there is no LPA in place, you may well not be in a position to control who is appointed to be your deputy.
A Property and Financial Affairs LPA
This type of LPA allows you to appoint an attorney to deal with your finances, such as selling or buying property on your behalf; dealing with your bank accounts and income and paying bills on your behalf.
A Health and Welfare LPA
This type of LPA allows you to appoint attorneys to make important decisions for you, such as those relating to medical treatment and also day to day decisions regarding where you live and how you are looked after.
Your attorneys have a duty to act in your best interests, but can be guided by the express directions and wishes that you set out in your LPA. This helps to ensure that your wishes are carried out, whilst giving those close to you the peace of mind of knowing that it is your own decisions that are being given a voice, even if you are no longer able to express them yourself.
Our specialist lawyers can advise on the steps that may need to be taken to prepare for these eventualities, including the completion and registration of Lasting Powers of Attorney with the Office of the Public Guardian, or dealing with the Court of Protection.
Please feel free to call a member of our team for an initial discussion about your requirements (free of charge).
Email: [email protected]
Telephone: 01823 351122