Frank Weston’s life changed when his mother Grace suffered a major stroke. Unable to walk or communicate, she needed full time care after leaving hospital. Frank was left not only with the problem of caring for her as best he could, but also with managing her affairs.

Frank and Grace had always assumed that he’d be able to look after her finances if she became unable to do herself. Now however, she was deemed to be mentally incapable and therefore a Last Power of Attorney could not be sought.

Frank had to apply to the Office of the Public Guardian for an alternative – appointment as Deputy. The process was lengthy and time consuming and meant that her money was untouchable for months despite all the funds she needed for her care, transport, medical expenses and support.

Eventually Frank was appointed a Deputy for which he had to pay an application fee and ongoing annual fees. After that, Frank had to suffer the indignity of regular statutory checks to prove that he was looking after his mother appropriately.

“If only we’d arranged an LPA when she was really healthy,” said Frank, “all this distress, expense and worry could have been avoided”.

Since this happened, I’ve made sure I’m covered by an LPA so that if the worst happens to me, no-one else in my family will have to go through what Mum and I have endured.”

WHAT IS A LASTING POWER OF ATTORNEY?

The LPA is a legal document that enables a person’s trusted representative(s) – known as Attorney(s) – to oversee their finances and welfare. Dealing with money and welfare matters in old age or ill health can be difficult and worrying – perhaps even impossible.

Although you may nominate a Deputy to handle your affairs, this can be a lengthy and costly process. The simplest solution is for you (the Donor) to appoint one or more Attorneys to manage your affairs on your behalf if you become unable to do so.

ARE THERE DIFFERENT TYPES OF LPA?

Yes there are two different types:

Property and Financial Affairs LPA allows your Attorney to make decisions on your behalf about your property and affairs, including paying your bills, collecting your income and benefits or selling your house, subject to any restrictions or conditions. It does not allow your Attorney to make decisions about your personal welfare.

Health and Welfare LPA allows your Attorney to make decisions about your personal welfare on your behalf including whether to give or refuse consent to medical treatment on your behalf when you lack the capacity to make them yourself, for example, if you are ill, unconscious or because of the onset of a condition such as dementia. It does not allow your Attorney to make decisions about your property or affairs.

WHAT IF I WANT TO CANCEL THE LPA?

Provided you are still mentally capable, you can revoke the LPA. Once the LPA is registered with the Office of the Public Guardian (OPG) however, you would need medical evidence and the OPG’s permission to revoke the LPA.

WHEN DO MY ATTORNEY’S POWERS BECOME EFFECTIVE?

Once a Property and Affairs LPA is signed, you can continue to handle your own financial affairs. If you prefer your Attorney to help you with them, then the LPA must be registered. However, once an Attorney believes that you are, or are becoming mentally incapable, they must register the LPA with the Court of Protection in order to take full control of your financial affairs. A Health and Welfare LPA must also be registered before it can be used, but decisions can only be made on your behalf when you are unable to do yourself.

WHO MIGHT NEED AN LPA?

LPA applications are equally important for all individuals, as unexpected events can happen at any age. By setting up an LPA, you can designate trusted family members or friends to make critical decisions regarding your health and finances if they become incapacitated due to accidents or sudden illnesses.

This proactive measure ensures your personal values and preferences are upheld during challenging times. You can provide clarity and reducing stress for loved ones who may otherwise face difficult decisions. Having an LPA in place can facilitate smoother access to financial resources and medical care, making it a vital aspect of responsible planning for anyone, regardless of age.

HOW DO I MAKE AN LPA?

The LPA is an official form that must be completed and signed by the Donor and Attorneys in the presence of a witness. It needs to be certified and must be registered with the court before it can be used. Your Platinum Legal Services consultant can guide you through the whole process simply and swiftly.

WHAT CAN MY ATTORNEY DO?

You can give your Attorney general authority to manage all your finances, including paying your bills, signing cheques, dealing with your bank, buying or selling property and making decisions on medial treatment. However, you are free to restrict the Attorney’s powers if you wish. For example, you may want to insist that they obtain medical evidence before they can use their powers or require them to account for their actions annually to a solicitor or relative.

WHAT HAPPENS WHEN I DIE?

Ondeath, the powers given to the Attorney(s)

within the LPA becomes obsolete and the powers vested in the Executors commence.

CAN ATTORNEYS CHARGE FOR THEIR SERVICES?

Professional Attorneys are entitled to charge for their work. If you appoint a friend of family member as an Attorney, then they may claim reasonable out-of-pocket expenses.

WHO CAN ADVISE AN ATTORNEY ABOUT THEIR ROLE?

Your Estate Planning Consultant at Platinum Legal Services would be pleased to chat this through with you to ensure you have a full understanding of the role and responsibilities of an Attorney.