What a lasting power of attorney gives you.
Having to face the prospect of being unable to deal with your own affairs can be daunting for us all. So many people avoid this, but failing to act NOW and plan for this eventuality can only add to the burden facing your loved ones.
By arranging someone like ourselves to organize your Affairs into this legal document you have peace of mind, in the event of short or long-term illness or critical, and you need someone to look after your financial and health welfare on your behalf.
videos are designed for educational purposes, stop where you need to write notes or pay attention to an answer to a question.
Videos are made to show you the use of LPA, and how they operate as a legal document.
Cases related to Incapacity.
An estimated 700,000 people have dementia - including 1 in 5 over the age of 80. Brain injuries or mental health problems also render others incapable of making their own decisions, so it is important to put arrangements in place early, so that if that day comes, someone, we trust and who loves us can make those important decisions on our behalf. (Source - Saga)
You have no control over who is appointed as your Deputy; this may not be who you would have wished. There are also Court fees involved and the Deputy has to take out a Security Bond to cover their actions. This is paid annually and the amount is set by the Court. The more assets a person has, the higher the Bond. Depending on your Supervision Order the Court can also take a retainer. This amount is not disclosed until your application is agreed and is, again, dependent on the amount of assets the person has. Supervision Fees are also applied annually and vary. A Deputyship order will set out the extent of the powers granted to the Deputy, for example, they may not be allowed to write cheques over £500 without the permission of the Court. Any major decisions, such as selling a property, may require the Court’s permission. The OPG assesses each case and places it in a band where it will receive either a low, medium or high level of ongoing supervision. The Deputy must report to the Court/OPG at all times and may have to submit annual accounts for Court approval and receive periodical visits by a Court Visitor. A Deputy must account for every penny spent and any requests for money must be made to the Court in writing. The application for Deputyship is complex and the Deputy must provide personal information about themselves, their family, their own finances and the relationship with the person they wish to care for. !
Lasting power of Attorney does for you.
Setting up an LPA allows you to plan in advance: • The people you want to make those decisions for you (your Attorneys). • The decisions you want to be made on your behalf e.g. life-sustaining treatments. • How do you want your Attorneys to make those decisions e.g. jointly. Once the LPA is registered with the OPG your Attorneys are able to make financial decisions on your behalf and they must follow the principles as set out in the Mental Capacity Act when making these decisions. Your Attorneys are free to act on your behalf without involvement from the OPG, unless a concern is raised as to how the Attorney is acting. Minimal personal details are required for both the Donor and the Attorney to set up the LPA, and it is a much less intrusive process. Setting up an LPA is also a much quicker process than applying to the Court for a Deputyship order.
All LPA have to be registered with the Office of the Public Guardian (OPG), you can read up more via the link below.
Once the document is created digitally and sent to you, we will send it to family members and Attorney, and to the Office of Public Guardian.
You are in safe hands we can consult you, take your notes, and minutes and write them within your document for your approval before it is sent off signed sealed, and delivered to you.