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Wills and Powers of Attorney That Last a Lifetime

An LPA is a legal document that gives another person(s) (known as an attorney(s)), like Mark Reynolds Solicitors, the authority to make decisions on your behalf.

There are two types of LPA:

An attorney may take care of your property and finances if you have a Property and Financial Affairs LPA, which permits your lawyer to act by your instructions. An attorney may utilize a Property and Financial Affairs LPA while you are still able to do so with your consent.

If you have a lack of mental capacity to make your healthcare and welfare decisions, a Health and Welfare LPA allows your attorney to do so on your behalf. This may be extended, if desired, to give or refuse consent for the continuation of life-sustaining treatment (for example by putting a ‘Do Not Resuscitate’

The authority will continue throughout the Donor’s life, if the LPA is not terminated.

Existing Enduring Powers of Attorney (EPA)

All EPA issued before October 1, 2007, will remain in force, however, they may only apply to your property and affairs. If you want to delegate authority over your health and well-being to an identified attorney(s), you’ll need to prepare a proper LPA.

It may be worth double-checking your EPA to ensure it meets your needs if you have any assets invested in a discretionary management scheme (such as a stock and shares ISA).

When and why should you make an LPA?

Around three-quarters of people in the United Kingdom do not have an LPA, according to several prominent surveys.

Many individuals believe that an LPA must only be considered when they are elderly or facing a critical health problem, but no one knows what the future holds. An LPA can only be created if the Donor (the person who is making the LPA) has capacity, which means delaying it until the document is required may be too late.

At any age, a person might suffer a brain injury as the result of a vehicle accident or a sports accident or

develop Dementia or Cancer due to neurological impairment.

By 2021, the Alzheimer’s Association predicts that over 1.6 million persons in the United Kingdom will have been diagnosed with dementia. This year, 209,600 people will be diagnosed with Dementia, which is one every three minutes. Today, one in six individuals aged eighty and older are living with Dementia.

Dementia, however, does not only affect those in later life. There are 42,000 individuals under the age of 65 in the United Kingdom who live with Dementia. According to Cancer Research UK, one in two persons will be diagnosed with cancer at some point during their lives.

We offer advice at every stage of life, particularly while drafting Wills, since doing so may provide clients peace of mind that their wishes and loved ones’ interests will be protected in the future.

Choosing an Attorney(s)

Careful consideration should be given when choosing your attorney. You should choose someone you consider trustworthy and who has the appropriate skills to make decisions in your best interests.

You may pick more than one attorney, and you have the option of naming a replacement for your attorney if they become incapacitated. You might choose someone from your family or circle of friends, or you may go with expert legal counsel such as a Solicitor or Accountant.

The Role of an Attorney

If there are no restrictions or conditions, the basic Property and Financial Affairs LPA gives your Attorneys permission to make judgments on anything related to the donor’s property and finances, such as –

  • Bank accounts must be dealt with.
  • You may receive compensation, a pension, and/or other benefits following an accident.
  • It’s necessary to pay timely taxes, but that shouldn’t be a problem for you. You’ll need to deal with the requirements of your local tax authorities and meet the deadlines set by them.
  • The funds to pay the donor’s rent, mortgage and household costs
  • It’s possible to get assistance from several sources, but how you pay for your medical treatment is ultimately up to you.
  • Manage your assets, as well as a variety of other activities.

Attorneys have little authority to make gifts on behalf of the Donor in a few situations. An application to the Court of Protection will be necessary for any significant or unusual donations. When acting as an attorney, attorneys should keep detailed records and accounts of their activities and ensure that donors’ assets are safeguarded.

The Mental Capacity Act 2005 and Code of Practice must be followed by an attorney. The Donor’s best interests must always be upheld by the Attorney.

If a third party is concerned about an attorney’s behaviour or activities, they can contact the Office of the Public Guardian for investigation and possible action.

Health and Welfare LPA

Attorneys can make decisions about the Donor’s daily routine (washing, dressing, and eating), medical treatment, and where the Donor lives under a Health and Welfare LPA.

The Donor has the option of giving or denying consent to life-sustaining treatment to the Attorneys. Medicine or surgery might be involved in life-sustaining treatments.

What happens without an LPA?

If you are unable to exercise your judgment, the Court of Protection may need to be contacted for an appropriate order. This is both costly and time-consuming, which might have a negative influence on you and those around you.

An LPA may provide comfort and security for you, as well as your loved ones.

You can make health and welfare decisions for yourself without the need for a court application. However, if you want to avoid future squabbles, you may give someone(s) power to make those decisions on your behalf by signing a Health & Welfare LPA. We recommend that if you’re looking for assistance with your LPA, you contact Mark Reynolds Solicitors.

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