[vc_row equal_height=”yes” content_placement=”middle” lg_spacing=”margin_top:30″ gutter=”lg:0″][vc_column md_spacing=”padding_top:500″][vc_row_inner background_color=”custom” lg_spacing=”margin_right:0;margin_left:0;padding_top:20;padding_right:0;padding_bottom:20;padding_left:0″ xs_spacing=”padding_right:35;padding_left:35″][vc_column_inner][tm_heading tag=”div” custom_google_font=”” text=”Setting up LPA is a big step in determining your future care and setting out any decisions that are to be made when the time comes that you are no longer able. There are several things to consider before making an LPA. Here is a guide outlining them all and to advise you on how to go about setting up Lasting Power of Attorney.” css=”.vc_custom_1557852248445{border-bottom-width: 1px !important;padding-top: 25px !important;padding-bottom: 27px !important;border-bottom-color: #d4d2d2 !important;border-bottom-style: dashed !important;}”][tm_spacer size=”lg:30″][\/vc_column_inner][\/vc_row_inner][\/vc_column][\/vc_row][vc_row equal_height=”yes” content_placement=”middle” gutter=”lg:0″][vc_column custom_border_color=”#dddddd” md_spacing=”border_top:1″][vc_row_inner background_color=”custom” lg_spacing=”margin_right:0;margin_left:0;padding_top:20;padding_right:0;padding_bottom:20;padding_left:0″ xs_spacing=”padding_right:35;padding_left:35″][vc_column_inner][vc_column_text]<\/p>\n
At some point in the future, you may lose the mental capacity to manage and take care of your well being, wealth, business and\/or property. This is a possibility for all of us, therefore it is always a good idea to consider setting up an LPA, so that one or several other people are legally able to look after the things you can\u2019t. In other words, if you cannot make decisions or speak for yourself with regards to welfare, medical treatment, finances and so on, someone else can.<\/p>\n
In legal terms, you are known as the \u2018settlor\u2019 and the person or people appointed to manage your affairs are called your \u2018attorneys\u2019. Attorneys will usually be family members or close family friends. Acting as an attorney is a big responsibility and you should make sure you understand all the implications before appointing someone. You should also seek legal advice from a solicitor.<\/p>\n
When setting up LPA you must first decide upon a person or persons who you really trust. For most people, this will be their spouse, partner, child, sibling, another family member or a close friend. It is also possible for your attorney to be a company, for example a bank \u2013 but that will cost money.<\/p>\n
You are able to appoint more than one attorney. If so, you can say whether they need to make decisions jointly or whether each can decide things without the authority of the other. Please read our \u2018what is Lasting Powers of Attorney\u2019 section for more information on this.<\/p>\n
You should also choose at least one replacement attorney who would fill the role if your attorney died or found themselves in a position where they could no longer act for you.<\/p>\n
If you the people you choose to give LPA are all the same age as you, they might end up not being the best people to act for you when it comes to you needing help.
\nIt\u2019s possible to impose various restrictions and conditions on your attorneys, although these may be rejected if they are unworkable.<\/p>\n
When setting up your LPA you should consider the two different types:<\/p>\n
You can set up one or both.<\/p>\n
In Scotland there are two types of lasting power of attorney:<\/p>\n
Here, there is only one type of LPA which is known as an enduring power of attorney<\/strong>. This allows a person to manage all your financial affairs in a similar way to the English property and financial affairs lasting power of attorney. In NI, there is no power of attorney that lets someone make decisions about your health and wellcare. Separate forms will be completed by a \u2018certificate provider\u2019 (this can be your doctor) who witnesses to your understanding (capacity) to make an LPA, and by each of the attorneys you have chosen. So you, your attorneys and your witnesses must all sign the forms before they are submitted. There are some online forms along with guidance that are esay to access when you decide upon creating a lasting power of attorney:<\/p>\n Once the forms have been completed they can be sent back to the agency along with the relevant fee. They will check that the forms have been completed accurately. If you have requested any special rules, such as restrictions or specifications on what the attorney is allowed to do, are practicable.<\/p>\n When filling in the form you will be asked to list the friends or family members who are to be told about your application. This is to give them the opportunity to object. They are able to do so within six weeks of being notified. Should everything go to plan, the whole process will take several weeks<\/p>\n Once registered with the Office of the Public Guardian, it can be used immediately or held in readiness until required. It’s generally recommended that you set up both a personal welfare LPA and a property and financial affairs LPA at the same time.<\/p>\n [\/vc_column_text][tm_spacer size=”lg:30″][vc_column_text]<\/p>\n Drawing up a lasting power of attorney costs nothing if you do it online yourself. If you want the help of a solicitor this will cost you money. In England, Scotland and Wales LPA must be registered before it is acknowledged and legally applicable. In Northern Ireland it can be used without it having been registered and whilst you still have mental capacity, but it must be registered as soon as your mental capacity starts to decline.<\/p>\n There is a 6-week notice period for any objections to be raised.<\/p>\n If you earn less than \u00a312,000, you can apply for a reduction on LPA costs. You may also qualify for an exemption if you\u2019re on certain benefits.<\/p>\n Some people prefer to get their Power of Attorney prepared by a solicitor which can prevent mistakes which sometimes cause an application to be rejected. However, the cost of applying through a solicitor is considerably higher: some charge as much as \u00a3500, and this is in addition to the \u00a3110 OPG fee. You are able to cancel a lasting power of attorney at any time that you still have mental capacity. This should be done by drawing up a written deed of revocation. The GOV.UK website<\/a> will take you through the process.<\/p>\n If LPA has been registered you will need to tell the Office of the Public Guardian that you intend to revoke it and your entry on the register will be removed.<\/p>\n
\n[\/vc_column_text][tm_spacer size=”lg:30″][vc_column_text]<\/p>\n2. Get signatures from certificate providers<\/h4>\n
\n[\/vc_column_text][tm_spacer size=”lg:30″][vc_column_text]<\/p>\n3. Submit forms to OPG<\/h4>\n
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4. Costs of registering LPA<\/h4>\n
Fees:<\/h5>\n
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\n[\/vc_column_text][tm_spacer size=”lg:30″][vc_column_text]<\/p>\n5. Cancelling a lasting power of attorney<\/h4>\n