The Will Advice Company

Lasting Power of Attorney

Many people are now realising the importance of making a Will to organise their affairs in the event of their death, in order to make it easier for their family to deal with matters as they would wish. 

However, far fewer people make provision to organise their affairs should they become unable to look after them themselves during their lifetime, perhaps due to old age, illness or accident. The Alzheimer's Society estimates that there are currently over 750,000 people in the UK with dementia, many of these may go on to become mentally incapable of handling their own affairs.

In recent years, Banks, Pension providers and other financial institutions have tightened their rules with regard to what information, and access, third parties can have should a customer or client lose capacity to handle their affairs themselves. It is therefore, more important now then ever before, that people do make arrangements to appoint a person or persons to handle their affairs if they are unable to do so themselves.

Failure to make arrangements could lead to lengthy and costly procedures in the future.  If you decide not to have your Lasting Power of Attorney drawn up, the alternative is to hope that the situation never arises where you are incapable of making decisions for yourself or to rely on someone making an application to the Court of Protection either for a Deputy to be appointed to make decisions for you or for the Court to make specific decisions on your behalf. The procedure for this can be very complicated, slow and expensive. In addition to any up-front fees payable, ongoing annual fees can also be payable.

The Answer is……….

A Lasting Power of Attorney (LPA) is a legal document that allows you to authorise a person or persons of your choice (the Attorney(s)) to make decisions on your behalf with regard to either :-

1. Your property and financial affairs - including paying bills, collecting your income or benefits or selling property. If you wish you can appoint your Attorney(s) to manage your finances and property whilst you still have mental capacity or only once capacity has been lost. 
2. Your personal welfare - including the appropriate type of care/nursing available to you, and the power to refuse consent to medical treatment on your behalf. Your Attorney(s) can only make decisions on this type of LPA when you lack the capacity to make them yourself.

You can choose to make either or both types of LPA. To protect you and your Attorney(s), an LPA must be registered at the Office of the Public Guardian before it can be used.

Please contact the Will Advice Company to discuss your needs

1st Floor, Rawdon House, Green Lane, Yeadon, Leeds, LS19 7BY       Tel: 0113 3911 481