Lasting Power of Attorney (LPA)
Reasons to choose Wilson Browne
- Direct access to your legal team
- Transparent costs
- Lasting Powers of Attorney from £600 (+VAT at £120 = £720)**
- Discounts on additional LPAs. eg...
- 2 LPAs £850 (+VAT at £170 = £1020)**
- 4 LPAs (both 'types' for a couple) £1400 (+VAT at £280 = £1680)**
Why do you need an LPA?
Anyone could lose “capacity” through illness or accident and an LPA ensures that someone you know and trust can help administer your affairs.
Part of living longer involves healthier lifestyles and keeping fit with activities such as cycling, mountain biking, rugby, football, winter sports, jogging, horse riding and many others: all carry an element of risk. Even the daily commute isn’t without obvious dangers.
Accidents can strike at any time – they say “you never know what’s around the corner” but being prepared can go a long way.
You stay in control
Making a Lasting Power of Attorney is a safeguard for the future, but need not necessarily mean you lose control over your affairs.
With a Lasting Power of Attorney in place you are still free to deal with matters for yourself so long as you feel able or are willing to do so.
The Power of Attorney can be revoked at any time while you still have mental capacity, and conditions can be placed upon its use or scope.
What will happen if I was to lose capacity and did not have a LPA?
Without an LPA, an application can be made by someone (your Deputy) to the Court Of Protection…this can take a considerable time, can provide unnecessary stress, and additional expense.
Court of Protection applications cause additional delay and incur higher costs in comparison to LPAs.
Contact our solicitors and you’ll be drawing on the experience and expertise of one of the most established lasting power of attorney teams in the area.
We offer the convenience of meeting you at a convenient location across Northamptonshire and Leicestershire including Northampton, Kettering, Corby, Higham Ferrers, Wellingborough and Leicester.
Contact Wilson Browne Solicitors or call our lasting power of attorney solicitors directly on 0800 088 6004 and let us help you safeguard your future.
Frequently Asked Questions on Lasting Power of Attorney (LPA)
What is a Lasting Power of Attorney (LPA)?
An LPA is a legal document allowing you to appoint someone you trust (your Attorney) to deal with any Property and Financial and/or Health and Welfare decisions on your behalf. It provides your Attorney with the legal authority to make these decisions should you lose mental capacity at some time in the future or if no longer wish to make decisions for yourself.
There are two different types of LPAs:
Property and Financial LPA
This LPA covers decisions about your finances, such as managing your bank and savings accounts, making or selling investments, paying your bills and buying or selling your house.
Your appointed Attorney will make decisions on your behalf, should physical difficulties or mental incapacity prevent you from doing so yourself. The Attorney can make decisions for you as soon as the LPA is registered unless you stipulate otherwise.
Health and Welfare LPA
A Health and Welfare LPA concerns decisions on the type of health care and medical treatment you receive (to include life sustaining treatment), where you live, day to day matters such as your diet and daily routine.
This LPA allows your appointed Attorneys to act on your behalf should you become mentally incapable of making the decisions yourself.
With both LPAs your Attorneys must act in your best interests and having regard to the Code of Practice as provided by the Office of the Public Guardian under the Mental Capacity Act 2005.
LPAs are registered with the Office of the Public Guardian before they can be used and there are a number of steps that have to be completed which we can assist you with.
What is the Difference Between Lasting and Enduring Power of Attorney
Until October 2007, Enduring Powers of Attorney (EPA) was the legal authority granted to one or more person to make property and financial decisions for someone who lacked the mental capacity to do so themselves. Lasting Powers of Attorney (LPA) replaced EPA’s on 1st October 2007 as part of the 2005 Mental Capacity Act, offering more flexibility as you can apply for either a Health and Welfare LPA to deal with decisions such as what medical treatment you can receive and Property and Financial LPA’s which deal managing finance and property affairs. Any EPA’s made before 1st October 2007 are still valid.
Can a Power of Attorney Change a Will?
The short answer is no, a power of attorney cannot legally change your will. However, should changes need to be made to a will, but you lack the mental capacity to do so yourself, there will need to be a specific clause within your LPA that allows your power of attorney to make changes on your behalf.
How do I get an LPA access code?
If you have registered your Lasting Power of Attorney (LPA) in England or Wales either on or after 1st September 2019 on the gov.uk website using a “Use your Lasting Power of Attorney” account – you should receive a 13-character digital access code, starting with a V.
Can a will be changed without the executor knowing?
Executors don’t need to know the contents of a will. As such, if you want to make changes to you will, you don’t need to notify the executor or tell them what the changes are.
Can my mother change her will if I have power of attorney?
Yes, a parent can make changes to their will, even if you have power of attorney, so long as they have the mental capacity to do so.
Do you need a solicitor for power of attorney?
While you can apply for power of attorney yourself, if you’re unsure of the process or your affairs aren’t straightforward, the process may prove difficult. Instructing a solicitor to complete a lasting power of attorney (LPA) application on your behalf will mean your application is completed correctly.
How to use a lasting power of attorney
Once an LPA has been registered, you should receive an activation key from the Office of the Public Guardian, allowing you to access an online account where you can manage your LPA.
Can a power of attorney act on behalf of the executor?
Power of attorneys can act on behalf of executors as a personal representative in administrating their estate if the executor is incapacitated
Why use a lasting power of attorney solicitor and not do it yourself? Here are our top 10 reasons to resist the temptation to DIY.
It may be tempting to go down the DIY route but there are many benefits to using a fully qualified, regulated solicitor. We are used to dealing with complex scenarios and well versed in managing the ‘what ifs’.
- We can help you be clear on who you should appoint to be your attorneys and that they are willing and able to act, and understand what being an attorney entails
- Whether a “business LPA” is necessary to protect your business interests;
- The ways attorneys can be authorised to make decisions, including on their own, or jointly with others;
- Any specific instructions to enable funds held by banks and building societies to be managed;
- The importance of considering nominating replacement attorneys in case your original attorneys can’t act (perhaps due to age, accident, incapacity, or any one of a number of other reasons);
- How to ensure your wishes are carried out – careful wording is essential, to ensure they cover all eventualities;
- Whether personal circumstances mean that a lasting power of attorney may not offer you all the protection you need, such as where you have property, investments or other assets abroad;
- How a lasting power of attorney may be used where assets covered by it are owned jointly;
- Minimising the chances of being rejected by the Office of the Public Guardian; and
- How to prevent challenges to your LPA, such as arranging for a medical professional’s opinion on your mental capacity, in situations where there is deteriorating mental health.
**Depending on your needs.
