Many of us never think about power of attorney until we realise that a loved one is struggling to manage their own affairs. This is when we have to step in and make arrangements to protect their wishes and needs under the law.
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Knowing When To Act
If these circumstances arise, and you are wondering whether you need to take out a Power of Attorney, you must consider getting help and advice from Power of Attorney solicitors whose expertise can help you in this important decision. It is recommended that all parties attend any meetings to fully understand what Power of Attorney is and how it works for you.
What Types Of Power Of Attorney Are There?
There are essentially two types of Power of Attorney in the UK – lasting Power of Attorney (LPA) and Power of Attorney. A basic Power of Attorney will allow someone to look after a person’s financial affairs temporarily, such as if they go into hospital or temporary care, and will end if that person loses the mental capacity to make decisions for themselves.
A Lasting Power of Attorney (LPA) is the one that is most frequently taken out. It is a legal document allowing a nominated person or persons to make decisions on your behalf. An LPA covers two separate areas: Health and Welfare and Finance and Property.
The Health and Welfare LPA
Should a person become ill or physically incapacitated, they may want to nominate someone who can make decisions on their behalf regarding any treatments, medications, medical care and support they receive, living arrangements and daily routines. At this stage, a person should mention any personal thoughts and preferences on how they wish to be treated in a medical and welfare capacity so that these can be included within the LPA.
The Health and Welfare LPA only becomes valid once you lose your mental capacity.
The Property and Finance LPA
This allows a person to appoint one or more persons to make decisions about managing their finances, including their bank or building society accounts, paying bills, collecting a pension, and buying or selling any properties they own.
The nominated person, or solicitor, must keep the finances separate from theirs and will usually have to keep records and updates as proof. These could be sent to a solicitor or other nominated trusted person.
You can choose to take out one or both types of LPA. As soon as the LPA is registered, it can be used. This means that with your permission, your nominated person/persons can start to make decisions on your behalf.
Does a LPA Work For Couples?
Your legal representative can produce a ‘mirror’ LPA, which enables you and your partner/spouse to act for each other in making decisions and managing health and financial affairs should one of you lose mental capacity.
Do I Need a Solicitor?
It is possible to apply for the LPA forms from the Office of the Public Guardian and fill these in yourself; however, this can be a complex process, and any mistakes you make could mean your application is rejected, and you would have to pay a fee to reapply. You must also find a ‘certificate provider’ such as a doctor, social worker or solicitor to sign your LPA. The whole process can take several weeks.
It is far simpler, quicker and safer to use a solicitor with expertise in the area of LPAs.
It is important to note that you can only take out an LPA if you have the mental capacity to do so and are sure you are under no pressure or coercion.
