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Lasting Powers of Attorney

Lasting Powers of Attorney (LPAs)

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An LPA is the only way that you can choose who you trust to manage your affairs if you lose mental capacity and aren’t able to yourselves.

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LPAs cover two areas :

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• Property & Financial Affairs

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• Health & Welfare 

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Property & Financial Affairs LPA

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Even once you have your LPA for Property and Financial Affairs in place can continue doing things yourself as you normally would. Your right to do so is protected.

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Health & Welfare LPA

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A Health and Welfare LPA only comes into effect if you were to lose mental capacity. It gives your chosen attorney(s) legal powers they wouldn’t otherwise have in relation to things like medical treatment and other health and lifestyle choices. It is becoming more the case that doctors and care homes will ask to see Lasting Powers of 

Attorney before taking instructions or allowing you to become a resident in a nursing home. 

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Don’t leave it too late to get your Lasting Powers of Attorneys in place.

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It may be useful to think of LPAs as an insurance policy, if you put LPAs in place whilst you have mental capacity you would hope that you wouldn’t need to use them but you and your loved ones have the reassurance that they are in place if needed. 

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Having these documents in place allow you to have control over who you appoint as your attorneys and you can also discuss with them any wishes or feelings that you may have, allowing them to act in your best interest at all times.

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Before an LPA is able to be used we must register the documents at the Office of the Public Guardian for you.

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The cost of registration has recently reduced to £82 for each LPA, and people on low incomes may get help with the fee, or even pay no fee at all.

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What happens if you lose mental capacity without LPAs in place?

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If you were to lose mental capacity without LPAs in place your loved ones would need to apply to the Court of Protection for a Deputyship Order. 

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This process is a stressful, lengthy and expensive. No one can do anything for you until the 

Deputyship is in place.

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Once a Deputyship is in place, decisions are usually required to be approved by the Court. Deputies are initially placed under supervision and annual report must be undertaken, accounting for all decisions that have been made.

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