Lasting Powers of Attorney service in Norwich

 
 

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 capacity.

  • Decisions can be made on behalf of people who lack mental capacity.

Existing Enduring Powers of Attorney (EPA) made up to the end of September 2007 remain valid and they cover your property and affairs.

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 treatment.    

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 should consider:-

  • 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 them.

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 friend

  • 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

                                     

 

 

   

 

Align Wills and Trusts Ltd.
enquiries@alignwillsandtrusts.co.uk
Telephone 0845 689 0095
Align House, 11 Hazel Close, Taverham
Norwich, Norfolk, NR8 6YE

Membership number BA54040108/11