Lasting Power of Attorney (LPA)
We hope that the following few pages are informative and will help you to “lift the burden” of paying for care whilst protecting your capital.
The first subject is about Lasting Powers of Attorneys and really is the starting point. Before you do anything please ensure you address this topic. It is of vital importance. Without one you fill find treacle in the maze!
As we get older it becomes vital that a Lasting Power of Attorney, (LPA), is in place. It cannot be emphasised enough how important is such a legal document. It ensures that important decisions can be made, on someone else’s behalf, should they be unable to do so for health reasons. Without such a document personal control of family finances can be lost, if a loved one loses their mental capacity.
By appointing attorneys, (at least two are recommended, one or both being a generation down if possible), you can be assured that a family member’s best interests are always looked after, whatever their state of health. A solicitor will always act as an attorney in the absence of a suitable family member or close friend.
A person can agree decisions with their attorneys before they act on that person’s behalf unless they are unable to do so by reasons of their mental health having declined. An ordinary Power of Attorney ceases to be valid in these circumstances, hence the term Lasting. Peace of mind is such a valuable commodity. LPAs are in two forms.
The Financial Affairs and Property LPA
For instance, this legal document will enable your attorney/s to :-
- Pay bills
- Deal with State Benefits
- Arrange an equity Release Plan
- Sell a house
The Health and Welfare LPA
For instance, such a legal document will enable your attorney/s to :-
- Make decisions on another person’s behalf about medical treatment.
- Decide on the type of health care they are to receive
- Decide whether care at home is appropriate.
- Make decisions about any care home that is needed.
Next Steps
If a Lasting Power of Attorney is not in existence, we recommend an appointment is made with a solicitor as soon as possible, to obtain advice about these vital documents. If one is not able to travel, a home visit should be possible. If you would like us to introduce you to a solicitor in your area who specialises in these matters, we will be pleased to do so or contact them yourself, direct.