Lasting Powers of Attorney in Norwich.
Making Lasting Powers of Attorney. LPAs in Norwich, Norfolk.
What would you do if, as
the result of illness, accident or old age you became incapable of
managing your affairs and business. In fact, everyone over the age
of 35 should really have a Power of Attorney in place. Watch this
video taken from the BBC1 One Show in February 2014.
The Mental Capacity Act 2005 provides ways in which:
People can plan ahead for a time when they may lack mental
Decisions can be made on behalf of people who lack mental
Existing Enduring Powers of Attorney (EPA) made up to the end
of September 2007 remain valid and they cover your property and
Lasting Powers of Attorney, available since October 2007,
are in two parts. The first provides for your property and affairs with the second dealing with you personal welfare and medical
Without a LPA in force, once you lack capacity
then the Court of Protection would appoint a Deputy to administer
your affairs. Dealing with the court can be time consuming and
complex and people may wish to appoint a professional as a Deputy,
such as a solicitor. This will add another layer of costs as, as
with all professionals, the solicitor will require paying for the
work they do.
To be sure that the person, or persons, that you
want to act on your behalf actually can do so when the time comes,
you must effect a LPA before you lack capacity (through, perhaps, a
stroke, an car accident or through the onset of dementia).
Married Couples and Power of Attorney
Do not assume your spouse will have total control of your finances if you become incapacitated. Although
your spouse has some rights over property you own together, like joint bank accounts, he or she is restricted from doing certain
things with that property. For example, generally both spouses must consent in writing in order to sell jointly-owned property. Because
an incapacitated spouse cannot consent, any such transaction would be delayed or prevented.
If you own property by yourself, your spouse has no legal right to sell or manage that property without power of attorney. A Power of
Attorney that gives rights to a spouse often makes transactions easier and more cost-effective.
Property and Financial Affairs LPA
This allows you to choose people to act on your behalf, as attorneys, and make decisions about your property and
financial affairs – e.g. your investments, bank accounts and pensions, when you are unable to make decisions for yourself. You
will need to decide who this person, or people, should be.
To safeguard your affairs further, you can nominate people to be notified when the LPA is registered and also
who will be the “certificate provider” – i.e. the professional who is able to confirm that you understand the significance of your
lasting power of attorney.
The Office of The Public Guardian has recognised the professional standing of members of the Society of Will Writers
to whom Align Wills and Trusts belong, and we can act as your certificate provider, although you are perfectly at liberty to
select your own of course. We make no additional charge for acting in this capacity.
Health and Welfare LPA
The requirements here are identical to the Property and Financial Affairs LPA, but the attorneys here are
appointed to be able to look after decisions relating to such matters as healthcare, medical treatment, decisions about where you live and
day to day decisions about your personal welfare such as your diet, dress or daily routine.
How To Choose An Attorney
When appointing an attorney you
do they look after their own affairs well,
such as having good finances?
do you know them well?
can trust them to use your money to meet
your needs and make decisions in your interests?
how willing are they to take on the role and
responsibilities? You must check with them before appointing
You may want to appoint more
than one person as an attorney to help prevent anyone taking
advantage of their responsibility.
Being an attorney is an important role. You must be sure that the person you choose knows
you well enough to make decisions on your behalf that are in your best interests. You must be able to trust them.
Who You Can Choose To Be Your Attorney
An attorney could be anyone aged 18 or over, for example:-
a family member
a professional person
your spouse, partner, or civil partner
If your spouse or partner is nominated as your attorney but you later split up, your Lasting Power of Attorney will usually become invalid. However, they can
still act as your attorney if:-
you included a condition in your Lasting Power of
Attorney that they can continue to act as your attorney
The LPA could also continue if:-
you appointed a replacement attorney who will
automatically take over
you have appointed more than one attorney and said
they must make all or some decisions together