Testimonials
& FAQs

Testimonials

Obtaining a Lasting Power of Attorney can be a significant decision for many people, often feeling overwhelming. It’s natural to seek reassurance, so take a look at the testimonials and frequently asked questions from some of our satisfied clients.

Frequently Asked Questions

Do I need a Solicitor to get an LPA?

While many people believe that a solicitor is essential for obtaining a Lasting Power of Attorney (LPA), there are other options available (if you lack mental capacity you must seek advice from a Solicitor). You can choose to either create the LPA yourself or seek assistance from an organization specializing in this area. Hiring a solicitor can be expensive and time-consuming, as it often involves multiple visits to their office. For individuals who are not comfortable with technology or have limited free time, completing the application independently on the Government’s LPA online website may prove challenging in terms of understanding and navigating the process.

When does an LPA take effect?

LPA for Property and Financial Affairs:
When someone creates a lasting power of attorney for property and financial matters, they must choose whether it can be used while they are still capable (i.e. as soon as it is registered) or only if they become unable to make decisions due to a loss of mental capacity.

LPA for Health and Welfare:
The registration process for a lasting power of attorney for health and welfare decisions is similar to that for property and financial affairs. The main distinction is that a healthcare lasting power of attorney can only be used if the individual no longer has mental capacity.

 When is the best time to create an LPA?

It’s important to act promptly! None of us can predict what lies ahead, so it’s wise to outline your wishes sooner rather than later. While you may not need to use an LPA right away, having it in place will prevent any delays in managing your affairs when the time comes.

 When I sign an LPA for Property and Financial Affairs, will I lose control over my money?

Absolutely not. As long as you have mental capacity, you have full authority over your finances, just like if you hadn’t signed an LPA. In case of an accident or needing help while in the hospital, your attorneys can step in to help and follow any instructions you provide. Once you’re back in control, you can resume managing your finances independently.

What happens if I don’t have an LPA?

If you reach a point where you are unable to make decisions due to a loss of mental capacity, someone can request the Court of Protection to appoint them as your Deputy. If approved, they will have the authority to manage your affairs similar to that of an attorney. However, the process can be lengthy and costly, and there is no guarantee that the chosen person would align with your own preference.

Does the ‘next of kin’ get the final say in decisions?

In reality, although family members may be consulted, they do not inherently possess decision-making power. The legal authority lies with the individual designated as the attorney in a legally approved established Lasting Power of Attorney (LPA).

If I am named in someone’s will do I still need the donor to make me their POA to help them?

Yes. A ‘Will’ and a ‘Power of Attorney’ are two different things.
A ‘Power of a Attorney’ gives your named loved ones legal authority to help you with things such a paying bills or controlling investments or health decisions.
A will, or a last will and testament, is a legal document that describes how you would like your property and other assets to be distributed after your death.

 If a couple shares a joint bank account and jointly owns their home, can one partner make decisions on behalf of the other if they become incapable?

Shared ownership does not automatically provide authority for making decisions regarding health and welfare. It is necessary to establish a Lasting Power of Attorney (LPA) to appoint someone to make these important decisions.

 Can I appoint my spouse and children as my attorneys?

You can have multiple Attorneys, all of whom should be individuals you have complete trust in.

 Who are the Office of the Public Guardian (OPG)?

The Office of the Public Guardian (OPG) is a government organization established to safeguard individuals who may not have the mental capacity to make decisions for themselves. Their duties include managing the databases for Lasting Powers of Attorney (LPA).

Can the OPG (Office of the Public Guardian) intervene in decisions made by my Attorneys?

While individuals do not have the authority to intervene in an attorney’s decisions, they are able to launch an investigation if they have worries about the attorney’s conduct. This measure is in place solely to ensure the protection of the individual who is no longer able to make decisions for themselves.

What if I change my mind?

You are able to cancel an LPA whenever you choose, as long as you are mentally capable of making that decision.

Do I have to have both types of LPA?

No, they are completely different documents. However, we suggest completing both LPAs to ensure all your wishes can be fulfilled.

Do couples have one LPA with boths names on?

No, each individual requires their own LPA detailing their own specific wishes.

Does an LPA continue after my death?

The authority is only valid for the duration of your lifetime, once you die the LPA expires.
‘Probate’ is then needed via a solicitor to sort out financial matters.
(Probate is the process by which you gain legal authority to manage a deceased person’s estate, including their property, money, and belongings. It is important to wait until you have obtained probate before making any financial decisions or attempting to sell property.)

Can my attorneys sell my home?

Your Attorneys are committed to acting in your best interests at all times and supporting you in making decisions to the best of your ability. In certain situations, they may need to sell your home if it is considered to be in your best interests, for example to pay for care home fees.

Can I have the same attorneys look after my health & welfare as I chose for my financial affairs?

Certainly, or alternatively you can select other individuals.

How do I report the misuse of an LPA by an Attorney?

Any misuse of the LPA should be reported immediately to The Office Of Public Guardian. The OPG will investigate thoroughly and then, if appropriate, take steps to intervene such as cancelling the LPA, freezing the donor’s assets, arranging for a new attorney to be appointed, or referring the matter to the Court of Protection

What are the Attorneys duties in detail?

Detailed information regarding Attorneys duties can be found here: https://www.gov.uk/lasting-power-attorney-duties/print

Is ‘Probate’ the same as a ‘Power of Attorney’?

The distinction between a ‘Power of attorney’ and ‘Probate’ lies in the fact that a power of attorney is only in effect while the donor is alive. In the event of the donor’s passing, the probate process is initiated, allowing the executor of their estate to manage the distribution of assets. Without probate, there would be no public record documenting this important information.

All information gathered from gov.uk , age.uk , nhs.uk and other various sources 2024.

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