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Arranging a Lasting Power of Attorney.
This is a legal document that nominates an individual to look after a person's affairs in the event that they become unable to do so through mental incapacity?
Many of us do not consider and implement steps to ensure our financial affairs are looked after in the event that we suffer some form of mental incapacity, be it stroke, Alzheimer's or a number of other conditions.
May people are under the impression they will be giving up control too soon, which is not the case as when you set up a Lasting Power of Attorney you are able to specify that the nominated person cannot make decisions unless you are unable to make decisions, for example if you were unconscious the person could start to work on your behalf, but if you regain consciousness you would take control again.
There are two types of Lasting Powers of Attorney one for health and welfare and one for property, and your legal professional will guide you through each.
So why act now and set up a Lasting Power of Attorney?
The important fact is that you can as you are mentally capable, and if you don't the people who will be looking after you will have substantial costs and have to apply to a deputy for control, this can cost £1000s!, and it is not a nice process especially at a time when they could be looking after you.
When you set up your LPA you can nominate more than one person and say at the same time how they should work together, setting up LPA is quite simple, you will need to complete a few forms and pay a fee of £130 (this is not your solicitors fee, check that at the time).
Who decides if I can't make a decision?
This is covered in the Mental Capability Act 2005 and it states that you are unable to make a decision if you can not do one of the following;
Understand information that is relevant to the decision they need to make
Retain information relevant to the first point
Evaluate the information in order to make a decision
Communicate the decision
A Certificate Decider will decide if the person falls into this category, the certificate decider can be a professional such as a Lawyer, Doctor or a social worker, it can also be someone that the person who made the LPA has known for more than two years, you must seek advice on this as there are a number of exclusions such as family can not be a certificate provider and if you get this wrong, your application will be rejected.
For more information on the act visit
Lasting Power of Attorneys are very good, if you still have capacity, you can set up your LPA, it will normally take six weeks to register, if you would like to explore the legal costs email a local solicitor for a quote.
If the person has lost capacity and have not set up a LPA, they will need to become a deputy of the court of protection, a local probate solicitor will be able to help with this.
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