YLGP Lasting Power of Attorney

Lasting Power of Attorney: What, Why, Who and When.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that enables you to appoint a family member, friend or professional the authority to make decisions about your health and welfare and/or property and finances in accordance with your preferences and instructions. The person or people you appoint are known as you Attorneys.

Why do I need a Lasting Power of Attorney?

With life comes uncertainty;an LPA gives you the opportunity to plan in case you are not able to make decisions for yourself in the future. If you do not have an LPA in place and you find yourself unable to make decisions about your own welfare, a lengthy and costly court process might follow for those who are trying to look after you.

Who can I choose to be my Attorney?

Your Attorney, or Attorneys should be someone you trust, they need to be aged 18 or over and have mental capacity. They can be a family member, loved one, friend or a professional for example from the medical or legal profession -- someone you feel confident will act with your best interests in mind.

When do I need to make an LPA?

You need to make an LPA when you have the mental capacity to do so. A Certificate Provider will need to complete the relevant part of the LPA application form to confirm that you have capacity. If there is any indication that you have lost capacity to appoint an Attorney, you will not be able to put an LPA in place. If this is the case, an application can be made on your behalf to the Court of Protection for a deputyship. This is a more complicated and protracted process than applying for an LPA.

There are two types of LPA, one for your health and welfare and the other for your property and finance:

Health and welfare

A Health and Welfare LPA allows your Attorneys to make decisions relating to:

• CONSENT to medical treatment you may need
• CARE for your daily needs and any social support
• COMMUNITY decisions about where you will live.

A health and welfare LPA only comes into effect when you lose capacity to make these decisions for yourself.

Property and Finance

A Property and Finance LPA allows your Attorneys to make decisions relating to:

• BILLS that need settling for you
• BANK accounts
• BENEFITS to which you may be entitled or need to be managed
• BUYING and selling property.

Unlike the Health and Welfare LPA, your attorneys can help make these decisions for you whilst you still have capacity should you authorise them to do so.

It's all about you!

LPA's are important legal tools to have in place, and once you have selected your attorneys and completed the relevant forms, your wishes will be registered at the government agency known as the Office of the Public Guardian (OPG). Your Attorneys will be required to always act in your best interests, if they do not then the OPG will step in investigate and take action.

Fully Advised LPA service.

Your Legal GP offers a fully advised. This means that we

• Help you understand the legal and practical implications of your LPA
• Advise your Attorneys of their rights and responsibilities
• Explain how to ensure that your LPA remains valid if one of your Attorneys cannot act
• Explain the role of the Certificate Provider
• Act as you Certificate Provider should you wish
• Review the application form with you to ensure it is correctly filled in
• Handle any other enquiries you may have regarding the LPA application process

Last Power of Attorney fees*

Individuals

• 1 LPA (Health and Welfare, or Finance and Property) for 1 person £400+VAT
• 2 LPAs for 1 person £600+VAT

Partners

• 1 LPA for each partner £600+VAT
• 2 LPAs for each partner £950+VAT

*fees payable to the Office of the Public Guardian are not included