Lasting Power of Attorney
Lasting Power of Attorney Solicitors in Warrington, Cheshire
Whilst it is normal for us to take good health for granted, it is wise to make provision for the unexpected. However, over 80% of the population do not have a Lasting Power of Attorney in place.
In the same way as a Will does, a Lasting Power of Attorney (LPA) will give you peace of mind and reassurance that the future is taken care of.
It is not possible to make an LPA if you lose mental capacity. In that case an application may have to be made to the Court of Protection.
The Court may appoint a deputy to make decisions for you but that deputy may not be the person you would have chosen yourself.
It is good news that people are living longer, but by the same token dementia is on the increase.
Dementia
According to the Alzheimer’s Research UK charity there are an estimated 944,000 people living with dementia in the UK (as at January 2022). 1 in 14 people over the age of 65 have dementia in the UK. That is 1 in 79 of the whole population. These figures are set to rise. More than half of UK adults know someone who has been diagnosed with dementia. This is most often a parent or grandparent.
Your attorney
With an LPA if you are unable to manage your affairs yourself, perhaps because of dementia or a physical incapacity, you can appoint someone you trust to make decisions on your behalf. This person is called an ‘Attorney.’
There are two different types of Lasting Power of Attorney. You can choose one or both, depending on your individual circumstances:
Lasting Power of Attorney – Property and Financial Affairs
This LPA authorises your Attorney to manage anything that relates to your property and financial matters. Many people assume that if they become incapacitated their spouse, partner or children would be able to make decisions and transactions on their behalf, however this is not the case.
In the absence of an LPA your relatives may have to make an application to the Court of Protection to become a Deputy which is a lengthy process and substantially more expensive than an LPA.
With a Property and Financial Affairs LPA your Attorney can make payments from your bank account, receive benefits on your behalf, receive bank statements and pay your bills and expenses. Without an LPA you may find that your bank account is frozen.
Lasting Power of Attorney – Health and Welfare
This type of LPA allows your Attorney to make decisions that affect your personal health and welfare if you are unable to make those decisions yourself. For example, your Attorney can make decisions about medical and life-sustaining treatment. Your Attorney(s) must always act in your best interests and it is important to ensure therefore that they are fully aware of your wishes. A Health and Welfare LPA can be used to achieve this.
Your LPA in five easy steps: –
Call 01925 937070 or email Diane Massey at info@dsmlegal.co.uk to arrange a free telephone consultation to discuss your requirements.
Once you know what your requirements are we will write to you with confirmation of your instructions and agreed fee.
We will draft your LPA(s) and arrange a time when you are available to execute (sign) the deed.
We will witness your signature and act as your Certificate Provider.
We will lodge your LPA with the Office of the Public Guardian for registration and once received by us we will check that all is in order and contact you to arrange either posting or collection (whichever you prefer).
Why use DSM Legal Solicitors?
- At DSM Legal our small friendly team will advise you and look after every aspect of your Lasting Power of Attorney from beginning to end.
- DSM Legal covers the whole of Warrington, Widnes, Runcorn and St Helens;
- Fixed Fees – no hidden charges, no unexpected bills;
- Free home, care home and hospital visits within a 5-mile radius of our office;
- Preparation and registration of a valid, legal LPA tailored to your requirements;
- We are authorised and regulated by the Solicitors Regulation Authority and fully insured.
For free advice about a Lasting Power of Attorney, contact us on 01925 937070 or email Diane Massey at diane@dsmlegal.co.uk.
What is included in the cost?
Our fees can include the following: –
Home, hospital and care home visits, if required;
Preparation of the Lasting Power of Attorney;
Completion of the Certificate Provider’s statement;
Witnessing of your signature;
Witnessing your Attorney’s signature(s);
Registering the LPA(s) with the Office of the Public Guardian;
Is there a registration fee payable?
There is a registration fee for the Office of the Public Guardian (OPG) of £82.00 per Lasting Power of Attorney, which may be reduced or waived by the OPG if you are in receipt of certain welfare benefits.
The good news is that we can offer a discount if you take out both the LPA for Property and LPA for Health at the same time.
