Are there problems ahead with the proposal by the Office of the Public Guardian to launch an on-line system for applying for a Lasting Power of Attorney (LPA)? The Public Guardian, Alan Eccles, said that ‘more and more people are taking the important decision to apply for LPA’s and we want to provide the best possible service for them – one that is simple, straightforward and effective.’
A Lasting Power of Attorney is a legal tool that allows you to appoint someone to make certain decisions about finance, health and welfare on your behalf. This would only come into effect sometime in the future when you may reach a point where you are unable to make these decisions for yourself. There are several ways that you can plan your care for the future allowing you to make choices and decisions about what treatment you may or may not wish to receive – these are called advance directives, decisions and statements.
An LPA allows you to choose who you would like to make decisions on your behalf and lets you choose a person or people that you trust to act for you. This person is referred to as your attorney. The different types of LPA’s are: property and financial affairs LPA and health and welfare LPA’s. If you choose to have more than one attorney you must decide how your attorneys will act. They can make decisions together (jointly), they can act together and separately (jointly and severally) or a combination of the two. When making decisions your attorney must follow the Mental Capacity Act.
Wills & Tax solicitor Malky Chaloner says, ”An LPA is a powerful and important legal document and these new proposals are likely to be controversial. Your lawyer can give a personal service tailored to your specific needs that an on-line service cannot provide.” How do you ask questions? How do you know if you are choosing the correct LPA? Call our legal team if you would like to chat about making a Lasting Power of Attorney.
For a free initial chat, please call 01202 499255 and Malky or a member of her team will be happy to discuss any questions that you may have.
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