Lasting Power of Attorney
Appoint people close to you to make important decisions on your behalf
A lasting power of attorney will help you to ensure that your loved ones can legally make decisions for you.
We don’t know what the future holds. At any time, you may need assistance with medical and financial decisions. You’ll want your loved ones to be able to assist you with that.
To prepare for this, you need to ensure that one person, or multiple people, are legally entitled to make those decisions. It’s not nice to think about but there may be a time where a relative, or even yourself, loses mental capacity through an accident or illness. Without a lasting power of attorney in place, nobody has the legal authority to make decisions or act on your behalf.
At Heritage Estate Planning, we offer the following service that enables you to appoint the people you trust to make decisions for you, if needed.
What is a Lasting Power of Attorney?
A lasting power of attorney is a legal document that empowers you to appoint the people you trust to make decisions on your behalf. This means that you can appoint people to manage your affairs through a legal document. This ensures that your affairs are managed according to your wishes, especially in situations where your own health or circumstances prevent you from making decisions independently. It may also be necessary for specific periods, such as during travel abroad.
This gives you the choice and freedom to appoint the people you trust, rather than leaving it to be dealt with by a Deputyship court order. The latter can be difficult, time consuming and restrictive.
What Decisions Can Be Made On Your Behalf?
An attorney can make a number of significant decisions on your behalf, should you become unable to do so. For example, your loved ones would be able to say yes or no to medical treatment or procedures, decide where you receive care and even which medical professionals you see. It gives you a voice, even if you no longer have one.
From a financial point of view, your attorney can handle any property decisions, as well as everyday items like collecting benefits and pensions, and paying bills.
Why is it Important?
It will give you the ultimate peace of mind that no matter what happens, you’ll be taken care of by someone you trust. It can take the pressure and stress off you, or in a worst-case scenario, where you’re unable to make decisions, you’ll still know that you are being looked after by someone who cares for you.
Did you know that a legal next of kin has no automatic right to manage affairs? Without a lasting power of attorney, a number of complications can arise. This can make future processes difficult, laborious and expensive – it’s truly in everyone’s best interests.
Set Up a Lasting Power of Attorney Today
A lasting power of attorney can only be created whilst the person setting it up is capable of making decisions. If this isn’t the case, one can’t be set up, so now is a good time to plan ahead.
With Heritage Estate Planning, we can provide the legal expertise and documentation to one in place, and offer:
- A free, no-obligation, consultation
- Complete plan and timeline
- Optional remote service to suit your needs
- Peace of mind that you’ll be cared for
- Leave your loved ones without any unnecessary legal wrangling
Lasting Power of Attorney: Frequently Asked Questions
What is a lasting power of attorney (LPA)?
A lasting power of attorney is a legal document. It allows you to appoint someone to make decisions on your behalf, if you lose capacity and are unable to do so yourself.
What are the different types of LPA?
There are two types, one for making financial decisions and one for making healthcare decisions. These are:
- Property and Financial Affairs: this covers decisions about finances, such as managing your bank accounts, property, or paying bills.
- Health and Welfare: this covers more personal decisions about your healthcare, medical treatment, and living arrangements.
What is the process of making an LPA?
Start off by choosing your attorney. Fill out the forms either online or printed off, and make sure they have been signed by a witness. Then you will need to register your LPA with the Office of the Public Guardian.
Creating an LPA can only be done whilst the person still has capacity, and this process can be quite complex. At Heritage Estate Planning, we can help you every step of the way.
Who can be an attorney?
Anyone over the age of 18 can be your attorney, provided that you trust them to make the right decisions on your behalf and act in your best interest.
Can you have more than one attorney?
Yes, you can have more than one attorney. However, you will need to decide if they will make all the decisions together, or some made together and some made separately.
What happens if you don’t have an LPA, and you lose capacity?
In the situation where you don’t have an attorney in place and you lose capacity, no one has the legal authority to make decisions for you. Even your next of kin has no automatic rights.
Therefore, your family or friends will need to apply to the Court of Protection to be appointed as a deputy. This process can be time-consuming, expensive, and might mean someone you wouldn’t have chosen is appointed – going against your wishes.
Where can you get help with setting up a lasting power of attorney?
Here at Heritage Estate Planning, based in Berkshire and Kent! We’re proud to provide a compassionate, transparent service, with no hidden costs. This ensures your future is protected with your best interests in mind.
Have a question about this service? Submit via the contact form at the bottom of this page, or get in touch today.
Have you got a question about a Lasting Power of Attorney?
Please fill the form in with your question, and we will endeavour to get back to you as soon as possible!
