We advise many of our clients to make a Lasting Power of Attorney, to ensure that they have nominated someone to deal with finance and/or welfare issues should they at some point in the future become mentally incapable. They are particularly useful when someone has suffered a stroke, been involved in an accident, or at the onset of Alzheimer’s disease.
Without a Lasting Power of Attorney in place, if someone loses mental capacity a Court of Protection application would have to be made appointing a Deputy to deal with their affairs. This process can be both time consuming and expensive. With a Lasting Power of Attorney however, this drawn out process is entirely avoidable.
- Two different LPAs are available and either or both can be used as necessary:
- One deals with financial and property matters.
- The other deals with health and welfare matters.
- Different attorneys can be appointed to deal with each of the two matters.
- For the LPA to be utilised by an attorney, it must be registered with the Office of the Public Guardian:
- A registration fee, currently £82, must be paid to register each Lasting Power of Attorney.
- An application form must be submitted.
- It is usually necessary to serve notice on one or more persons.
- It is not required that registration take place immediately. The LPA may be kept unregistered until it is required. This may, however, create an inconvenient delay when the LPA is to be utilised.
- The LPA is in a prescribed form and there are further prescribed notes which the Donor, the Attorneys and a third person who has to complete a Certificate, will each need to read and confirm that they have understood.
Those who already have an Enduring Power of Attorney should note that it remains valid for now and the old rules regarding registration of EPAs will continue to apply.