Guide to Making a Lasting Power of Attorney (LPA)

Transcription

1 Guide to Making a Lasting Power of Attorney (LPA)

2 Contents 1/ What is a LPA? 2/ Why do I need an LPA? 2/ Who shoud I Appoint...? 3/ Can I still make decisions? 3/ How do I appoint an attorney? 4/ And that s it...? 5/ Contact Us 6/ Premier Client Club 7/ Everyday Legal 8/ Your Notes Goldsmith Williams: An Introduction Goldsmith Williams Solicitors is one of the UK s leading national law firms. We have been established for 30 years and are highly experienced in Estate Planning and writing Wills and Lasting Powers of Attorney (LPA). We are members of the Law Society and are regulated by the Solicitor Regulation Authority, so you can be confident you are getting the very best in legal expertise and service. We have a experienced Wills and Probate team. Our solicitors are members of The Society of Trust and Estate Practitioners (STEP). We will prepare your LPA and can apply for its registration at the Office of the Public Guardian (OPG), so it is ready to be used when it is needed.

3 What is a Lasting Power of Attorney? 1 A Lasting Power of Attorney (LPA) is a legal document where you (the Donor) appoint an Attorney to look after your affairs and to make decisions on your behalf should you become unable to do so. This may be due to an accident, disability, or the onset of an illness such as Alzheimer s or Dementia or after suffering a stroke. There are two types of LPA: LPA for Property and Financial Affairs A Lasting Power of Attorney for Property and Financial affairs gives authority to the appointed Attorney to handle property and financial matters for the Donor. The powers extend to matters concerning the Donor s property and finances: this could include selling property belonging to the Donor, buying property in the Donor s name, managing bank accounts and investments, continuing to run their business. For example, if the Donor has an Equity Release Plan and needs to make further withdrawals from the existing Plan or take out a Plan to raise money from the home, but has lost capacity, the appointed Attorney will have the authority to arrange this for them. LPA for Health and Welfare A Lasting Power of Attorney for Health and Welfare covers decisions relating to the social and personal needs of the Donor which can include where the Donor lives, how they are cared for and what healthcare they receive. The Attorney must always make decisions which are in the Donor s best interests. Other decisions could include who visits them, their diet and their personal appearance, where appropriate. The Donor can give the Attorney the power to make decisions about life sustaining medical treatment. Life sustaining treatment includes A serious surgical operation, such as a heart bypass An organ transplant Receiving chemotherapy, radiotherapy or other cancer treatment or surgery The Attorney will not be able to make these decisions unless the Donor specifically authorizes that the Attorney can do so, within the Health and Welfare Lasting Power of Attorney.

4 Why do I need an LPA? 2 While it s not something anyone really wants to think about, should you become mentally or physically unable to make your own decisions, your family, friends, not even your spouse, have an automatic right to take over your finances. An Attorney appointed under a registered LPA is able to do so. Without an LPA, the Court of Protection will appoint a Deputy to act on your behalf if you are no longer able to make your own decisions. This process takes time and can be very expensive. There is also no guarantee the Court of Protection will appoint the person you would have wanted to act for you. By appointing an Attorney, you are safe in the knowledge, that whatever the future may hold, you have someone you trust there to make decisions on your behalf. Who should I appoint as my Attorney? Choosing an Attorney is a very important decision. Whoever you appoint will have an influence over decisions that affect you, your property and your finances. You should appoint someone you trust and who knows you well. However, you should also appoint someone who has a good understanding of the matter in hand. For example if you have a business, it is advisable to select an Attorney who has a working knowledge of your business.

5 Can I still make decisions? Many people are put off making an LPA as they think they won t be able to make their own decisions if their appointed Attorney disagrees with their choice. This is not the case. You can make your LPA conditional so your Attorney can only act once you lose capacity. This means you remain in control until the time comes when you can no longer make decisions. 3 How do I appoint an Attorney? You decide who you want to be your Attorney(s) and we take care of the legal side for you. We will guide you through the whole process, to ensure that everything is put in place correctly. Our service includes: Taking instructions from the person wishing to prepare an LPA (the Donor). Completion of the LPA with the Donor. Obtaining the attorneys signatures to the LPA. Applying for registration of the LPA at the office of the Public Guardian.

6 4 And that s it they now can make decisions on my behalf? You can appoint your Attorney to act for you as soon as the LPA is registered, or you can make your LPA conditional. This means your Attorney can only act when the condition is satisfied and, until such time, you remain in control of what happens to your property and financial affairs. Your Health and Welfare Attorney can only act when you have lost capacity. By appointing an Attorney, you are safe in the knowledge, that whatever the future may hold, you have someone there to make decisions on your behalf, someone you trust and who will have your best interests at heart.

7 5 Contact us Give us a call to find out more about how putting into place a Lasting Power of Attorney will help you or to ask any questions regarding Wills or Estate Planning. The information we provide is completely free of charge and totally confidential. Call: willsteam@goldsmithwilliams.co.uk website: We re one of the UK s leading law firms

8 Premier Client Club At Goldsmith Williams, we value loyalty. This is why we created our Premier Client Club to reward customers who, having already benefitted from our services, come back when they need a solicitor again. 46 As a member, you ll benefit from all this: Standard fees for any future conveyancing or remortgage work* Fees for any future Wills and Power of Attorney services* But it isn t just you who can benefit from these discounts! Recommend family and friends to us as we ll extend these discounts to them too. Now you can t say fairer than that! Premier Client Club costs just 40 (+VAT) and could more than pay for itself in just one future transaction. You ll be given the opportunity to join during your current case with us. Please visit for more information. * not including VAT/Disbursements

9 Everyday Legal Free legal help from Goldsmith Williams 7 Whilst you need our assistance in your current case, not every legal issue needs the professional advice of a solicitor. Often you can handle the situation on your own you just need a few pointers. That s what Everyday Legal, our free advice service, is all about equipping you with the right information so you can solve the problem yourself whether it s reclaiming unfair charges, resolving disputes or wanting to know your consumer rights. Topics include: Energy bill refunds How to claim for pothole damage Resolving property boundary disputes Your legal rights when buying a used car Dealing with noisy neighbours. Everyday Legal is available on our website - as well as through our free mobile app. Simply search GW Solicitors in the App Store or Google Play.

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11 Your Notes 9

12 If our dedicated team of experts can offer any assistance we d be delighted to hear from you or alternatively, visit Calls cost 3p per minute plus your phone company s access charge. goldsmithwilliams If you d prefer to receive information from us by in future, please send your full name and address to marketingadmin@goldsmithwilliams.co.uk. This brochure is available in larger print at your request. The information contained in this brochure is subject to change but is correct at the time of print. CONVEYANCING REMORTGAGE PERSONAL INJURY WILLS & PROBATE EQUITY RELEASE BUY-TO-LET FINANCIAL CLAIMS CARE HOME FEES Goldsmith Williams Solicitors / Mersey Chambers / 5 Old Churchyard / Liverpool / L2 8GW DX address Liverpool. Goldsmith Williams is authorised and regulated by the Solicitors Regulation Authority under number Goldsmith Williams Solicitors /014/250815