Jeffrey Mills Solicitors
JEFFREY MILLS SOLICITORS
- Keeping Control Of Your Future
July - September 2018
It is not uncommon for us to be contacted to organise Lasting Powers of Attorney (LPAs) for someone, but when we meet the person it is clear that it has been left too late and the person no longer has the required mental capacity to make LPAs.
Applying For A LPS When It’s Already Needed
When this happens the only alternative is to apply to the Court of Protection for a Deputy to be appointed.
This is a much more expensive and time consuming process and it often happens at a time when important decisions need to be made but the lack of LPAs prevents them.
Perhaps most importantly, the person concerned will not have actively chosen who applies to be their Deputy.
This can be avoided if you plan ahead and make Lasting Powers of Attorney.
There are two types of Lasting Powers of Attorney, one for Property & Financial Affairs and one for Health & Welfare matters.
With both you can choose up to 4 people you trust to make decisions for you, called your Attorneys.
You can also appoint replacement Attorneys.
Property & Financial Affairs LPA
You can state that you want to be able to use it as soon as it is registered when you still have mental capacity if you give your Attorneys your permission.
This can be useful if you spend part of the year abroad, have mobility issues or would simply like someone to help you.
Health & Welfare LPA
Enables your Attorneys to make decisions regarding your care and treatment if you lose mental capacity.
You can choose whether you would want your Attorneys or doctors to have the final decision regarding whether or not you should be given life sustaining treatment.
Your Best Interests
Of course we hope that the LPAs will never be needed. However, knowing they are registered and in place, with people that you trust and who care for you appointed as your Attorneys, you are prepared and have taken control.
This provides the majority of our clients with peace of mind.
Your Will is another opportunity to control what happens, this time on your death.
Only by making a valid Will can you ensure that the people you would want to benefit, do.
It is particularly important for unmarried/cohabiting couples where the rules of Intestacy (the rules that apply when someone dies without a Will) would make no provision for the surviving partner.
In addition, if you have children under 18 you can appoint guardians to care for them should the unthinkable happen.
Refunds on LPA Registration Fees
We have good news for anyone who applied to register LPAs between 1 April 2013 and 31 March 2017.
The registration fee reduced last year to £82 per LPA and if you paid a higher registration fee you can apply to the Office of the Public Guardian for a refund.
For details of how to make your application go to www.gov. uk/power-of-attorney-refund or call the OPG’s contact centre on 0300 456 0300 and select option 6 to be put through to the refunds team.
Please contact Sally Power, Head of Private Client at Jeffrey Mills Solicitors on Tel: 01480 219699 or Email: firstname.lastname@example.org if you would like more information on the subjects in this article or to arrange an appointment.
*Lasting Powers of Attorney (LPAs)
Should you require legal assistance from a firm with family values and a fresh approach, contact Jeffrey Mills Solicitors.
Tel: 01480 219600