There may come a time in your life when you are unable to manage your financial affairs or personal welfare owing to some form of incapacity and you will therefore need someone (known as an Attorney) to act on your behalf. Creating an Attorney in advance ensures that if the worst were to happen, you can rest assured that both your financial affairs and personal welfare are in safe hands.
A Lasting Power of Attorney (LPA) is a legal document that lets you appoint one or more people to help you make decisions, or to make decisions on your behalf. You can appoint a friend, relative, or a professional as your Attorney.
A ‘Property and Financial Affairs’ LPA gives your Attorney the authority to make a wide range of decisions on your behalf, relating to property, savings or financial affairs. This can include buying or selling a property; dealing with tax or pension issues; operating your bank account and claiming benefits on your behalf.
A ‘Health and Welfare’ LPA allows your Attorney to make a narrower range of decisions on your behalf, only in relation to your welfare. This can include your living accommodation; care provision; dealing with your Doctor; consenting to, or refusing, medical treatment; approving a 'Do Not Resuscitate' order and other matters. All in accordance with your wishes as laid down in the LPA.
Reduced, or lacking, mental capacity is not just about dementia and age. In fact, there are many circumstances where a person could be unable to make decisions for themselves, such as after an accident, a stroke or being seriously ill. If there is no LPA in place it will be necessary for your family to apply to the Court of Protection to have a deputy appointed to deal with everyday financial matters. This is a slow and very expensive process.
Few people appreciate just how many aspects of someone’s life needs ‘managing’ – from the daily health care decisions down to just dealing with phone and utility companies, the pensions service, banks or an employer. Most companies and agencies now have strict rules about discussing a person’s private arrangements or taking instructions from anyone they are not authorised to deal with.
If you already have an LPA in place all this becomes much easier.
We hold the Society of Trust and Estate Practitioners (STEP) Advanced Certificate in Will Preparation and are STEP qualified Trust & Estate Practitioners and are therefore well qualified to advise you on setting up LPAs for you and your family. This is often done in conjunction with the creation of a Will, or as part of a review of your existing Will.
We are very cost-competitive compared to solicitors; we will offer you a fixed price, agreed in advance. In addition, we offer a free review of your Will at the same time.
We are a small friendly business based in the South Hams. Please call us now on 01548 858806 for a free consultation to discuss how we can help you. We are happy to visit you in your own home, or you are welcome to come to our office in Kingsbridge. We are just out of the main town, with easy parking.
You can also look at our Frequently Asked Questions (FAQs) about LPAs page if you would like more general information at this stage. However, in our experience all cases are different, so feel free to ask Vanessa a specific question via our Contact page.
T: 01548 858806
E: vanessa@southhamswills.co.uk
South Hams Wills and Probate
16 Highfield Drive
Kingsbridge
TQ7 1JR
South Hams Wills and Probate is a division of Longley Consulting Ltd
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