Making an LPA: some things to consider

An LPA is a way of authorising someone to make decisions on your behalf, whether about your finances and property, your health and welfare, or both.

If an accident or illness strikes that leaves you unable to communicate your wishes, it is reasonably straightforward for your representatives (‘Attorneys’) to step in on your behalf.

It is worth bearing in mind however that you are investing a lot of trust in the person or people you appoint and there are some issues to consider. Here are a few of the key points…

Choosing your Attorney(s)

  • Are they people who will understand and carry out your wishes?
  • How good are they at organising their own lives and finances?
  • Are they willing to act as your Attorney and do they have time?
  • How will others in your close circle that are not appointed react?
  • Would it help to appoint a professional, such as a solicitor or accountant, as an Attorney?

What do you want?

  • Your LPA can include instructions on how to manage your assets or welfare in particular circumstances.
  • Have you thought about, say, the order in which you would want your assets to be sold to cover care fees?
  • Are you confident you can express these wishes clearly in a legal document?

What do you own or co-own?

  • Is there a list of current assets, such as investments, property or bank accounts that would make life simpler for Attorneys?
  • Do you co-own assets with a husband, wife or civil partner?
  • Do you own assets with a partner who is not a spouse or civil partner?
  • How would you want these assets to be managed?

Are there wider legal issues to consider?

  • Do you have assets such as a holiday home overseas? 
  • Do you have business interests?
  • What arrangements have you made in your Will and would these affect how you create an LPA?
  • Have you made a Living Will (Advance Decision) that you would like to stand?
  • Have you been married before?

While the actual act of creating an LPA is reasonably straightforward if you know what you are doing, the considerations around it are sometimes not, so it is always a good idea to take professional advice.


  • Preparing and Registering a Property and Financial Affairs Lasting Powers of Attorney
  • Preparing and Registering a Health and Welfare Lasting Powers of Attorney
  • Help for dependents of people without Lasting Powers of Attorney
  • General (Ordinary) Powers of Attorney
  • Advice re existing Enduring Powers of Attorney and Registration of existing Enduring Powers of Attorney
  • Obtaining mental capacity reports where appropriate
    Providing advice where it is not possible to set up a Lasting Power of Attorney due to lack of capacity
  • Advice re duties and powers of Attorneys
  • Advice re disputes relating to Lasting Powers of Attorney
  • Applications to the Court of Protection including Deputyship applications

“If it had not been for the EPA I would have had real problems even discussing my mother’s affairs with banks, investment companies, government departments and care providers, much less paying her bills from her account.

“Being able to supply copies of the EPA to the various parties meant they would speak to me and act on my instructions. Without it I would have had to pursue a long, complicated and expensive legal process – at a very difficult time personally.

“I would absolutely recommend planning ahead and making an LPA. It could make a huge difference to your loved ones.”

Paul

“If it had not been for the EPA I would have had real problems even discussing my mother’s affairs with banks, investment companies, government departments and care providers, much less paying her bills from her account.

“Being able to supply copies of the EPA to the various parties meant they would speak to me and act on my instructions. Without it I would have had to pursue a long, complicated and expensive legal process – at a very difficult time personally.

“I would absolutely recommend planning ahead and making an LPA. It could make a huge difference to your loved ones.”

Paul

"We have now received all of the information for the deputyship. We are delighted with the outcome. I would like to take the opportunity to say thank you for your work and support. It was a difficult thing for us due to the circumstances, but you made it easy and that really helped.

Thank you also for the settlement of the account, we are very grateful. I have friends who have Autistic children and adults I will recommend you in the future".

Anonymous


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