Wed 07 / 10 / 15
Lasting Powers of Attorney - made easy!
The Office of the Public Guardian (OPG) have finally cut the red tape and simplified the process to set up a Lasting Power of Attorney (LPA). This is a welcome change as the forms are now easier to understand and quicker to prepare. In consequence, we have been able to reduce our charges to set them up – now that’s not something you hear from a solicitor very often is it!
You might be wondering what an LPA actually is. It’s a legal document that enables you to appoint one or more people (known as “Attorneys") to help you make decisions or make decisions on your behalf. Setting one up gives you more control over what will happen if, for example, you have an accident or an illness and are unable to make decisions when they need to be made (i.e. you lack mental capacity).
There are two types of LPA, one which covers property and financial matters such as managing bank and building society accounts, paying bills, collecting benefits or a pension and buying and selling a property. The other covers health and welfare matters such as your daily routine, medical care, moving into a care home and life-sustaining medical treatment.
With your permission, your Attorneys will be able to make decisions relating to your property and financial affairs as soon as the relevant LPA has been registered by the OPG. However, they can only make decisions relating to your health and welfare if the relevant LPA has been registered by the OPG and you are unable to make the decision in question.
Business owners might also want to set up a separate LPA relating to their business affairs - keeping their personal finances and business finances separate.
We have a highly skilled team of solicitors and legal executives able to advise on LPAs and if you decide to set them up at the same time as making or updating your Will, we can usually offer a discount.
If you want to get your affairs in order, contact a member of our Tax, Trusts & Estates Team.
Thanks to Nadia Cowdrey – Head of Tax, Trusts & Estates Department at Griffith Smith Farrington Webb LLP for writing this blog.
To get in touch, contact 01273 324041 or email enquiries@gsfwsolicitors.co.uk.
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