MAKE A LASTING POWER OF ATTORNEY

Lawyers in England and Wales who are Members of Solicitors for the Elderly (SFE) are running a national ‘Make a Lasting Power of Attorney’ campaign to encourage all people to plan ahead to avoid problems if they later lose mental capacity.  

A Lasting Power of Attorney is a legal document that enables one person to make decisions on behalf of another.  There are 2 types of LPA: Property and Financial Affairs and Health and Welfare.

Property and Financial Affairs (allowing an attorney to make decisions about paying bills, dealing with the bank, collecting benefits, selling your house, etc.

Health and Welfare (allowing decisions on treatment, care, medication, where you live, etc.)

Once all parties have signed an LPA, it must then be registered with the Office of the Public Guardian (the organisation that oversees the operation of LPAs) before it can be used.

Without an LPA, it may be necessary for family members to apply to the Court of Protection for authority under a Deputyship Order. This can be a distressing and lengthy process and is significantly more expensive than making and registering an LPA. 

Individuals have been able to make LPAs since October 2007, but the original documents were long, complex and difficult to complete. As a result, approximately 60% of them were incorrectly completed, thus making them unusable.

SFE worked with The Office of the Public Guardian to simplify and clarify the forms, using feedback from its members who work in this specialist area of the law.  The improved versions came into force in October 2009.

Catherine Cammock of Hand Morgan & Owen Solicitors and a member of Solicitors for the Elderly, is actively encouraging all people to plan ahead and make Lasting Powers of Attorney. “LPAs are important documents and it is sensible to get advice about the choices you have. Like house insurance, it may never be needed, but if it is, you and your family will be glad you made LPAs with a specialist lawyer.”

Please contact Hand Morgan & Owen on 01785 211411 or visit our office at 17 Martin Street, Stafford, ST16 2LF and ask to speak to Catherine Cammock, James Carr or Victoria Follows for further information.  

If you would like to read more please click on the links below to view the following factsheets:
Lasting Powers of Attorney (LPAs)
Elderly Client Advice
What if anything happens to me?

Click here to view the Solicitors for the Elderly website. 

9 March 2010

Disclaimer

The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice on their own particular circumstances.