Lasting Power of Attorney, Uncategorized

The Importance of Instructing a Solicitor or Professional when Preparing a Lasting Power of Attorney

A Lasting Power of Attorney is a powerful and important legal document.  By making a Lasting Power of Attorney you are setting up an arrangement which will potentially give someone authority to deal with everything you own and your personal care at a time when you will be at your most vulnerable.

The benefits of using a solicitor/professional are as follows:

  1. A dedicated professional whose expertise are those of drafting Lasting Powers of Attorney. They will look after you throughout the whole process.
  1. They will prepare all documentation for you and explain all options that can be taken.
  1. They will deal with the registration process with the Office of the Public Guardian.
  1. They will agree a fixed price up front with no hidden charges.
  1. They will act as your certificate provider so that no third party is required.

There are many errors that can be made when preparing a Lasting Power of Attorney but by using a solicitor/professional who specialises in Lasting Powers of Attorney, these errors are less likely to occur.

Some common errors are:

  1. When appointing more than one Attorney and you appoint those Attorneys jointly, if one Attorney predeceases the Donor or is unable to act for any reason, then the other Attorney cannot act alone. Therefore, the Lasting Power of Attorney becomes void.  This would result in a new Lasting Power of Attorney having to be made.
  1. There is a strict order of signing the Lasting Power of Attorney which must be maintained. First must be part A, then part B and finally part C.  If these are signed and dated in the incorrect order the Lasting Power of Attorney would be rejected at registration with the Office of the Public Guardian.
  1. Any mistakes made on the Lasting Power of Attorney must be crossed through, written again and initialled by the person completing that particular section and witnesses if appropriate. If the mistakes are not initialled again, the Lasting Power of Attorney could again be rejected at registration.

These errors are just to name a few but there are many more that could cause a Lasting Power of Attorney to be rejected when registering.

In some cases, the Donor may require use of the Lasting Power of Attorney quite urgently.  Registration is currently taking 2-3 months, however, if the Lasting Powers of Attorney is rejected at registration this can hold things up considerably.

Therefore, it is beneficial to instruct a Solicitor/Professional to prepare a Lasting Power of Attorney. Please contact our Elderly Client Department for more information on:

Pudsey – 0033 3344 9606

Yeadon – 033 3344 9609

or email info@morrishsolicitors.com

 

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Uncategorized

Lasting Powers of Attorney for Health and Welfare

A Lasting Power of attorney (LPA) is a document where an individual (known as a Donor) can appoint a third party as their attorney to deal with their affairs.

There are two types of LPA:

Property & Financial Affairs – which are the most common and are used for an attorney to deal with the Donor’s financial matters and their property affairs.

Health & Welfare – these are made less frequently, however when a Donor makes a Health & Welfare LPA the attorney is able to deal with the Donor’s personal welfare and healthcare decisions.

Unlike an LPA for Property & Financial Affairs the attorney appointed under a Health & Welfare LPA can only make decisions when the Donor does NOT have capacity to make these decisions for themselves.

The Donor can grant their attorney the authority to give or refuse consent to life sustaining treatment, which is any treatment that a doctor considers necessary to keep an individual alive. This could be surgical, the provision of drugs, or artificial nutrition or hydration.

The attorney will also be able to make decisions as to which care/residential home the Donor is to reside in and to liaise with medical and healthcare professionals with all matters relating to the health and well-being of the Donor.

The Donor can control the attorney’s use of the LPA by providing restrictions and conditions which their attorney MUST abide by. This could be to express the Donor’s religious views when the attorney is to consider certain kinds of medical treatment, for example, blood transfusions or to stipulate that the attorney must seek medical advice before consenting to treatment or any other course of action.

The Donor can assist their attorney when making other kinds of decisions in the Donor’s best interests by providing guidance, examples of this can be the area the Donor wishes to live or the type of residential home the Donor would prefer to live in if required. This guidance given is NOT binding on the attorney.

It is important to remember that the Donor can only provide instructions for their attorneys to follow which is legal. An attorney can NEVER be forced to follow any decisions which may place them at risk from criminal prosecution, for example Euthanasia cannot be authorised by a Donor under a Health & Welfare LPA.

It is therefore advisable when considering making a Health & Welfare LPA that the Donor must consider their future healthcare requirements in detail. It is good practice to discuss these requirements with family and medical professionals prior to making a Health & Welfare LPA as well as the attorneys to be appointed.

How can we help?

Morrish Solicitors Elderly Client Department prepare LPA’s for both Property & Financial Affairs and Health & Welfare. We offer advice and guidance with regard to both types of LPA’s and the registration of the LPA’s with the Office of the Public Guardian as an LPA cannot be used until it has been registered.

The costs for this are often expensive due to the work required to be undertaken and we are currently offering a discount of  “Buy one get one Half Price” for the preparation of both LPA’s for Property & Financial Affairs and Health & Welfare.