A Guide To LPA
A Lasting Power of Attorney (LPA) is a legal document that allows someone else, known as an Attorney, to make decisions on your behalf in the event that you are no longer able to make decisions for yourself. This can be due to illness, disability or mental incapacity. Creating an LPA is an important step to take to ensure that your wishes are respected, and that the person you trust is able to make decisions on your behalf when necessary.
Here is a detailed guide to LPA’s:
- Determine if you need an LPA: The first step is to determine whether you need an LPA. If you are over the age of 18 and have assets or financial responsibilities, it is generally a good idea to create an LPA. You may also want to consider creating an LPA if you have a medical condition that could affect your decision-making capacity in the future.
- Choose an Attorney: You will need to choose an Attorney to act on your behalf. Your Attorney should be someone you trust and who understands your wishes. You can choose more than one Attorney, and they can act either jointly or separately. If you choose to have more than one Attorney, you will need to decide whether they should make decisions together or separately.
- Choose a Replacement Attorney: You should also choose a Replacement Attorney, who will step in if your first-choice Attorney is unable to act. Your Replacement Attorney should also be someone you trust and who understands your wishes.
- Choose which type of LPA you want to create: There are two types of LPA: one for Health and Welfare decisions and one for Property and Financial Affairs decisions. You can create one or both types of LPA, depending on your needs.
- Complete the LPA form: You can obtain the LPA form from the Office of the Public Guardian or by visiting the gov.uk website. The form will ask for information about you, your Attorney, and your Replacement Attorney. You will need to provide the names and addresses of all parties involved. You will also need to provide details of the decisions that your Attorney will be able to make on your behalf.
- Get the form signed and witnessed: The LPA form will need to be signed by you, your Attorney, and your Replacement Attorney. It will also need to be signed by a Certificate Provider, who will confirm that you understand the nature and scope of the LPA. The Certificate Provider can be a professional, such as a solicitor, or someone who has known you for at least two years. The form will also need to be witnessed by an independent witness, who will confirm that you signed the form of your own free will and without undue pressure.
- Register the LPA: Once the LPA form has been signed and witnessed, it will need to be registered with the Office of the Public Guardian. There is a fee for registration, which is currently £82 per LPA. Your LPA will not be valid until it has been registered.
- Keep a copy of the LPA: Once the LPA has been registered, you should keep a copy of the LPA form in a safe place. You should also give a copy of the LPA form to your Attorney and your Replacement Attorney.
- Review your LPA regularly: You should review your LPA regularly to ensure that it still reflects your wishes. You can update your LPA at any time by completing a new form and registering it with the Office of the Public Guardian.
In conclusion, creating a Lasting Power of Attorney is an important step to take to ensure that your wishes are respected and that the person you trust is able to make decisions on your behalf when necessary.
It is important to consider that there are several reasons why it is advisable to use a solicitor such as Seatons when dealing with a Power of Attorney:
- Legal expertise: We have specialised knowledge and training in the legal system and are able to advise you on the best way to set up an LPA, taking into account your specific circumstances and requirements. We will also be able to ensure that the document meets all the necessary legal requirements.
- Avoid mistakes: When creating an LPA, it is important to get it right. Even small mistakes can have serious consequences and render the document invalid. We will be able to check and double-check your document to ensure that there are no mistakes and that it is legally binding.
- Protect your interests: An LPA gives someone else the authority to make decisions on your behalf. It is important to make sure that your interests are protected and that the person you appoint as your attorney has your best interests at heart. We can help you to ensure that your Power of Attorney accurately reflects your wishes and protects your rights.
- Peace of mind: Having Seatons handle your LPA gives you peace of mind that everything is being taken care of properly. You can trust that we will handle the matter efficiently and professionally, giving you one less thing to worry about.
Download Our Free Guide To LPA Today
Don’t wait until it’s too late to protect your future and your loved ones’ well-being. Download a free guide to LPA today and take the first step towards securing your legal and financial affairs.
With our comprehensive guide to LPA, you’ll have everything you need to create an LPA that meets your unique needs and preferences. Whether you’re looking to appoint a trusted friend or family member as your attorney, or want to ensure that your medical and welfare decisions are made according to your wishes, our guide will provide you with expert guidance and helpful tips to help you navigate the process with ease.
Contact us today if you need help with an LPA either by telephone on 01536 276300 or 01536 311690 or get in touch online.