The two different types of Lasting Power of Attorney (LPA)
There are two different types of Lasting Power of Attorney (LPA) – commonly referred to as Power of Attorney or POA.
A Lasting Power of Attorney (LPA) for Property & Financial Affairs is something we should all have as soon as we have any financial responsibilities.
An LPA is a legal document that allows a person/people you trust to help you make decisions – or to make decisions on your behalf – about money and property if illness or an accident means that you were unable to do that for yourself.
A.R.K. Lasting Powers & Wills offers a professional and friendly service to help you and your loved ones make your LPA. Based in Stevenage, we work across north and mid-Herts.
If you are a business owner then you may need two Property & Financial LPAs – one for your personal affairs and another for the business. (A commercial LPA will ensure that your business can continue to run if you weren’t well enough to do banking/pay bills etc).
The other type of Lasting Power of Attorney relates to your Health & Welfare; it would give a person/people you trust the power to help you make decisions, or to make decisions on your behalf regarding various aspects of your life such as:
- Your daily routine (e.g. washing, dressing and eating)
- Your medical care
- Moving into a care home, if needed
If you wish, your attorneys can have a say about life sustaining treatment should that become necessary. This can work in conjunction with a Living Will, also sometimes known as an Advance Directive.
Why is an LPA for Property and Financial affairs important NOW?
One person in the UK develops dementia every three minutes. What if that were you? Or what if you were to be involved in an accident, or had a bad stroke which left you mentally ill? It’s easy to assume that a spouse or relative could take over your financial affairs on your behalf; but the process is far from easy without an LPA in place.
An LPA must be made when you are fit and well. Once mental capacity has been lost, it’s too late and then it is up to a relative to apply to act on your behalf which involves a lengthy, often very costly, court process. At A.R.K. we consider the creation of an LPA to be as important as creating your will. Without these legal tools in place, you and your family may be left in a vulnerable situation.
We recommend that everyone should make an LPA when they are young to act almost as an insurance policy. It is not essential to register an LPA with the Office of the Public Guardian immediately. They charge up to £82 to register an LPA so you may decide to wait to do this part of the process until there is an indication that the LPA may need to be used. An LPA is there for your protection and is designed to be flexible enough to cater for your needs at a specific time. Give at least one person you trust Power of Attorney (POA) over your affairs to make life easier for them and for you!
Why use A. R. K. Lasting Powers & Wills to make an LPA
We will make the process simple and stress-free. You will only need to spend about 30 – 45 minutes giving us details of the attorneys you would like to appoint. We will provide one-to-one advice and support throughout the process. This involves:
- Collecting signatures from any relevant person who is present at the initial appointment
- Arranging for attorneys who are not present to sign their pages (often this can be done by post).
- Signing the LPA documents to confirm that the person making it has the mental capacity to do so. (We have the necessary qualifications to act in our professional capacity as a ‘certificate provider’.)
To find out more, please contact us. We will happily answer any queries you may have about LPAs – in plain English and without any cost.
Further information: LPA Fact Sheet
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