What happens if I do not make a Lasting Power of Attorney?

  • You would forefit your right to choose the person you want to act on your behalf
  • Your family would not have the legal authority to deal with your affairs
  • The Court of Protection will appoint someone called a Deputy on your behalf
  • The Deputy may be someone you do not trust or they may appoint a solicitor or Local Authority
  • If a loved one applied to become your Deputy they will typically pay thousands of pounds for the application without any guarantee of success
  • Delay and uncertainty at such a critical time will undoubtedly cause anguish for your family and may be detrimental to your finances and to your health

Why should I make a Lasting Power of Attorney now?

  • You choose your own Attorney, not the State
  • It allows you to plan ahead and set out what you would like to happen
  • It relieves your family of the burden and stress of applying to the Court of Protection
  • It saves your family the considerable expense of application, renewal and bond costs year after year
  • Often it is left too late to make a Lasting Power of Attorney. Acting now guarantees a one off fixed fee to make a Lasting Power of Attorney

Could I lose control of my affairs if I sign an LPA?

An LPA does not restrict your rights to look after your own affairs for so long as you are capable. The Lasting Power of Attorney simply means that there is someone to take over if, and when, you cannot cope.

Do I have to have both types of LPA?

No, you can have both or either depending on your circumstances. If you are unsure whether you should consider arranging either a Property & Financial Affairs LPA or a Personal Welfare LPA (or both) you can speak to one of our advisors.

Do I have to appoint the same people (Attorney) for both types of LPA?

No, you can appoint different people for each type of Lasting Power of Attorney.

Can I appoint more than one Attorney?

You can choose more than one Attorney and you can specify whether they are to act together or independently of one another. You can also appoint a replacement Attorney if your first choice is unable to act.

Can I limit the power of an Attorney?

Yes, you can limit the powers an Attorney is given and if you wish you can include specific guidance to help them in making their decisions.

How do I choose my Attorney?

When deciding who should be your Attorney it is very important that you choose someone you trust. Your WSL Legal Consultant will give you expert advice on how to structure your Lasting Power of Attorney to suit your specific needs.

What is a Certificate Provider?

You are required to have an interview with an authorised Certificate Provider to confirm that you are fully aware of the implications of making a Lasting Power of Attorney. Your WSL Legal Consultant is able to fulfil the role of Certificate Provider for you.

Do I have to register my Lasting Power Of Attorney?

Your Attorney cannot act on your behalf until the Lasting Power of Attorney has been registered with the Office of the Public Guardian. Your Lasting Power of Attorney can be registered at any time, however in order to be prepared in advance, most people register it straight away. WSL can assist you with the registration process.

For more information about Lasting Power of Attorney request our Free Guide to Lasting Power of Attorney.

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