Lasting Powers of Attorney (LPA's) have become a very popular topic these days for people to consider for themselves.
Tony from LPAs For Locals has put together his list of the top 10 questions received from those who have attended his free weekly drop-in Every Monday between 10.15am to 12noon at The Bridge.
1. How many Lasting Powers of Attorney can I have?
Answer: A minimum of 1 and theoretically as many as you like. More than one is advised if possible and 2 or 3 is the most common.
2. Can I add another Lasting Powers of Attorney to an existing LPA?
Answer: No. However, if the Donor (the person giving the authority) still has capacity, they can cancel the existing LPA and create a new Lasting Powers of Attorney(s).
3. Can I cancel my existing Lasting Power of Attorney?
Answer: Yes, so long as you still have mental capacity to do so. There is a formal revocation procedure to follow.
4. Why should I make a Lasting Power of Attorney?
Answer: Making a Lasting Power of Attorney keeps you in control of who you choose to be responsible for looking after your affairs and decisions if you are no longer capable of doing so yourself.
5. What if the Donor or Attorneys named on an existing LPA change their address?
Answer: You should notify the Office of the Public Guardian who will amend their records. You should never amend / change your LPA legal document yourself in any way as it will invalidate it.
6. Who should make a Lasting Power of Attorney?
Answer: Anyone during adult life can become incapable of being able to manage their own affairs as a result of illness or accident, regardless of how old they are.
7. What happens if I don't make a Lasting Power of Attorney prior to losing mental capacity?
Answer: Someone, e.g. a family member or friend will likely have to apply to the Court of Protection who will appoint a Deputy to make decisions for you. This is a complex, time consuming and very expensive process and at that stage you have lost control of choosing who in fact is appointed. You would have no input to the decision which could be very stressful for your loved ones as the person appointed may not be who you would have chosen yourself when you had the opportunity to do so.
8. What happens to my LPA when I die?
Answer: Your LPA and ceases immediately upon death whereupon your Will would then take over.
9. Can any of my LPA's create or amend my Will?
Answer: No, absolutely not!
10. Do my LPA's have to send or give the original LPA document to a financial institution or health professional to prove they have authority to act on my behalf?
Answer: You can use the original paper LPA document if you wish and many still do, but a more recent development and alternative option is your attorney can give them a secure unique access code to view a summary of the document online. This can be quicker and more convenient in many situations.
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About LPA’s For Locals
LPA’s For Locals hold free weekly drop-in Every Monday between 10.15am to 12noon at The Bridge.
The sessions started in September 2024 and are run by Tony, a semi-retired local professional.
The sessions offer local residents a free information and advice service on Lasting Powers of Attorney (LPAs), which cover looking after property, financial, and health affairs when we might not be able to.
Simply drop in during the opening times, grab a free coffee, and get all of your questions answered. Find out what’s involved, how you can go about it and pick up some free printed information to take away.
LPA’s For Locals
07985 143470