Lasting Powers of Attorney
The importance of using a probate professional in the UK
A power of attorney is a legal document where a person gives another person or persons (the attorney) authority to make certain decisions on their behalf.
Property and Financial Affairs: Lasting Powers of Attorney (LPA)
If you’re in good health and of sound mind, it’s hard to imagine a time in your life when you can no longer manage your affairs. But at some point in the future, illness, disability or mental impairment may stop you from handling even a bank account.
If you lose your mental capacity and haven’t arranged for someone to act for you, your assets will be frozen (this includes joint-held bank accounts).
Your family will then have to apply to the Court of Protection (which holds your funds in the meantime) to be appointed as deputies to handle your affairs—a lengthy and costly procedure. Please speak to one of our advisors to learn the truth.
A far better option is to choose a friend, relative or professional as an attorney. This is someone you choose (while you still have the mental capacity) to decide about your finances. Should it become necessary, they will hold a “Lasting Power of Attorney” on your behalf.
Liberty Legal Services can draft your LPAs, register them with the Office of the Public Guardian and store them for you.
Health and Welfare: Lasting Powers of Attorney (LPA)
Suppose someday you become incapable of looking after your welfare (i.e. your health care and social needs). In that case, a Welfare Power of Attorney will ensure that these needs are handled by the attorney(s) you appoint.
Your welfare attorney will have the legal authority to act for you, but only when one or more doctors have certified that you no longer have the capacity to do so yourself. This means that you must draw up a Welfare Power of Attorney while you are still capable of understanding what you are doing.
No one, not even close relatives, can arrange a power of attorney for you.
Without a Health and Welfare Power of Attorney, the above decisions may be made by Social Services, the courts, or a person appointed by the courts.
Choices may be made that you or your family would NOT have wished.
If the family has to go to court to resolve disputes, this can be expensive, time-consuming, and demeaning.
It’s much better to be specific and to have trusted family members named in advance to make decisions on your behalf.
Did you know?…
The youngest Alzheimer’s sufferer was recorded at 11 years of age.
Without an LPA, the Courts and social services could be in charge of your wealth and welfare.
It can cost thousands to prepare an LPA if you leave it too late.
Our services
Liberty Legal Services can draft your Financial & Health and Welfare LPAs, register them with the Office of the Public Guardian, and store them for you—it’s not expensive.
Your LPA is like an insurance policy you hope you will never use. Without one, by law you must go through the Court of Protection, a process that can take many months and cost you many £000’s. Drafting and registering your LPA in advance means it can be used immediately if required.
We also act as professional Attorneys, a service that many clients have taken advantage of. Having a professional Attorney can be a good, sensible alternative when no suitable family members are available.