Lasting Powers of Attorney (LPAs)
Lasting Powers of Attorney (LPA) were introduced in October 2007. A Lasting Power of Attorney is a legal document under which a person is able to choose one or more people who they would wish to deal with their affairs in the future if they are no longer capable of doing so.
Lasting Powers of Attorney are available for both financial issues (Property & Financial Affairs) and for care issues (Health & Welfare). A Lasting Power of Attorney allows a person to choose those they trust the most to act on their behalf in the future, if necessary. Having a Lasting Power of Attorney in place can lessen costs and stress if a person later loses their capacity.
If a person is unable to choose who they wish to act on their behalf it will be necessary to make an application to the Court of Protection for a Deputy to be appointed.
This might arise because of sudden incapacity in older years or because a child becomes incapacitated through injury at birth or an accident.
Not only can we assist a Deputy with this initial application but we can also advise on possible hearings in the future and annual duties for a Deputy including the drafting of financial reports which is a requirement of the Court of Protection.
As a general rule, a Deputyship involves more initial costs than a Lasting Power of Attorney, as well as ongoing costs. The person who is incapacitated cannot choose their Deputy. Sometimes, a complete stranger is the Deputy, perhaps a solicitor appointed by the Court.
Where a Lasting Power of Attorney is still possible, this is generally preferable, unless there are issues in the family. A Lasting Power of Attorney involves less cost and less delay, and the Donor can choose their Attorney. Furthermore the assets remain with the Attorney, rather than being transferred in part to the Court of Protection, as can happen with a Deputyship.
We also advise on issues arising with the Court of Protection, or challenges to a Deputy, or the ending of a Deputyship.
To make an enquiry regarding any Lasting Power of Attorney related issue, make an appointment or to receive an estimated quote call Leeds 0113 243 6601, or .
|Ben Lowe (view profile)||Associate Solicitor||Head of Probate||Catherine Parker|
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