Understanding Lasting Powers of Attorney

We are living years longer than ever before—which also means that we’re likelier to lose the ability to take care of our own affairs at some point in our lives, whether due to illness, an accident, or simply old age. This is where Lasting Powers of Attorney come in. LPAs allow you to decide who will manage your affairs should you become incapacitated.  

Lasting Powers of Attorney essentially give a person you trust — whether a close friend or a relative — the legal power to act on your behalf when a loss of physical or mental capacity renders you unable to run your own life. It can only be used after registration with the Office of the Public Guardian.

 

There are two kinds of LPA:

  • Health and Welfare – This type of LPA gives the person you appoint the ability to make personal and care decisions for you. It can also specify your wishes on matters of life-sustaining treatments.
  • Property and Financial Affairs – This type of LPA lets the person you appoint pay your bills, collect your pensions, deal with your banking and investment functions, arrange and collect benefits, sell property on your behalf, and make other financial decisions.

Without an LPA, your loved ones may need to use their own money to make the application for a deputyship order because your accounts will be frozen and they will have no legal access to them. Lengthy delays (9 to 12 months) and substantial costs (£2,500 and up) are involved, and the court decides who will deal with your affairs — in some cases, they may assign a court-appointed official. Your loved ones would have to clear all decisions with this stranger. 

 

Putting LPAs in place gives you the peace of mind of knowing that the people you trust most will manage your affairs until you are healthy enough to regain control.  MVL Wills and Trusts can help you put an LPA in place, specially tailored to your needs. Call Andrew Mathias on 01424 577070 or email andrew@mvlwillsandtrusts.co.uk for a free consultation.