Power of Attorney

Lasting Power of Attorney

There are two types of LPA’s.

A Property and Affairs LPA allows your Attorney to make decisions on your behalf about your property and affairs, including paying your bills, collecting your income and benefits or selling your house subject to any restrictions or conditions. It does not allow your Attorney to make decisions about your personal welfare.

A Personal Welfare LPA allows your Attorney to make decisions on your behalf about your personal welfare, including whether to give or refuse consent to medical treatment on your behalf and deciding where you live. These decisions can only be taken on your behalf when you lack the capacity to make them yourself, for example if you are ill, unconscious or because of the onset of a condition such as dementia. It does not allow your attorney to make decisions about your property or affairs.

On the receiving end ……………… a case study

Frank Weston’s life changed in a hundred ways when his elderly mother Grace suffered a major stroke. Unable to walk or communicate, she needed full time care after leaving hospital. Frank was left not only with the problem of caring for her as best he could, but also managing her affairs.

Frank and Grace had always assumed that he would be able to look after her finances if she became unable to so herself. Now, however, she was deemed to be mentally incapable and therefore Lasting Power of Attorney could not be sought.

Frank had to apply to the Office of the Public Guardian for the only alternative – appointment as a deputy. The process was lengthy and time consuming, and meant that her money was untouchable for months, despite all the funds she needed for her care, transport, medical expenses and support. Eventually, Frank was appointed a Deputy for which he had to pay an application fee and ongoing annual fees. After that, Frank had to suffer the indignity of regular statutory checks to prove that he was looking after his mother appropriately.

“If only we had arranged an LPA when she was healthy”, said Frank, “all this distress, expense and worry could have been avoided. Since this happened, I’ve made sure I’m covered by an LPA so if the worst happens to me, no-one else in my family will have to go through what Mum and I have endured”.

Please phone either John or Monica on 01983 616 156 or email your enquiry via the contact form below.

We are sometimes away from the office visiting clients so should we not answer, do please leave a message and we will get back to you.

Contact Spire Wills

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