Guide to Making
a Lasting Power
of Attorney (LPA)
Contents
1/ What is a LPA?
4/ And that’s it...?
2/ Why do I need an LPA?
5/ Contact Us
2/ Who shoud I Appoint...?
6/ Premier Client Club
3/ Can I still make decisions?
7/ Everyday Legal
3/ How do I appoint an attorney?
8/ Your Notes
Goldsmith Williams:
An Introduction
Goldsmith Williams Solicitors is one of
the UK’s leading national law firms. We
have been established for 30 years and
are highly experienced in Estate Planning
and writing Wills and Lasting Powers of
Attorney (LPA).
We are members of the Law Society and
are regulated by the Solicitor Regulation
Authority, so you can be confident you are
getting the very best in legal expertise and
service.
We have a experienced Wills and Probate
team. Our solicitors are members of The
Society of Trust and Estate Practitioners
(STEP). We will prepare your LPA and can
apply for its registration at the Office of the
Public Guardian (OPG), so it is ready to be
used when it is needed.
What is a Lasting Power of
Attorney?
A Lasting Power of Attorney (LPA) is a legal document where you (the Donor)
appoint an Attorney to look after your affairs and to make decisions on your
behalf should you become unable to do so. This may be due to an accident,
disability, or the onset of an illness such as Alzheimer’s or Dementia or after
suffering a stroke.
There are two types of LPA:
LPA for Property and Financial Affairs
A Lasting Power of Attorney for Property and Financial affairs gives authority to the
appointed Attorney to handle property and financial matters for the Donor.
The powers extend to matters concerning the Donor’s property and finances: this
could include selling property belonging to the Donor, buying property in the Donor’s
name, managing bank accounts and investments, continuing to run their business .
For example, if the Donor has an Equity Release Plan and needs to make further
withdrawals from the existing Plan or take out a Plan to raise money from the home,
but has lost capacity, the appointed Attorney will have the authority to arrange this for
them.
LPA for Health and Welfare
A Lasting Power of Attorney for Health and Welfare covers decisions relating to the
social and personal needs of the Donor which can include where the Donor lives, how
they are cared for and what healthcare they receive. The Attorney must always make
decisions which are in the Donor’s best interests. Other decisions could include who
visits them, their diet and their personal appearance, where appropriate.
The Donor can give the Attorney the power to make decisions about life sustaining
medical treatment.
Life sustaining treatment includes–
• A serious surgical operation, such as a heart bypass
• An organ transplant
• Receiving chemotherapy, radiotherapy or other cancer treatment or surgery
The Attorney will not be able to make these decisions unless the Donor specifically
authorizes that the Attorney can do so, within the Health and Welfare Lasting Power of
Attorney.
1
Why do I
need an LPA?
While it’s not something anyone really
wants to think about, should you become
mentally or physically unable to make
your own decisions, your family, friends,
not even your spouse, have an automatic
right to take over your finances. An
Attorney appointed under a registered
LPA is able to do so.
Without an LPA, the Court of Protection
will appoint a Deputy to act on your
behalf if you are no longer able to make
your own decisions. This process takes
time and can be very expensive. There is
also no guarantee the Court of Protection
will appoint the person you would have
wanted to act for you.
By appointing an Attorney, you are safe in
the knowledge, that whatever the future
may hold, you have someone you trust
there to make decisions on your behalf.
Who should
I appoint as
my Attorney?
Choosing an Attorney is a very important
decision. Whoever you appoint will have
an influence over decisions that affect
you, your property and your finances.
You should appoint someone you trust
and who knows you well. However, you
should also appoint someone who has a
good understanding of the matter in hand.
For example if you have a business, it is
advisable to select an Attorney who has a
working knowledge of your business.
2
Can I still make
decisions?
3
Many people are put off making an LPA
as they think they won’t be able to make
their own decisions if their appointed
Attorney disagrees with their choice. This
is not the case. You can make your LPA
conditional so your Attorney can only act
once you lose capacity. This means you
remain in control until the time comes
when you can no longer make decisions.
How do I appoint an
Attorney?
You decide who you want to be your
Attorney(s) and we take care of the legal
side for you.
We will guide you through the whole
process, to ensure that everything is put
in place correctly.
Our service includes:
•
Taking instructions from the person wishing to prepare an LPA (the Donor).
•
Completion of the LPA with the Donor.
•
Obtaining the attorneys’ signatures to the LPA.
•
Applying for registration of the LPA at the office of the Public Guardian.
4
And that’s it – they now can make
decisions on my behalf?
You can appoint your Attorney to act for you as soon as the LPA is registered, or you
can make your LPA conditional. This means your Attorney can only act when the
condition is satisfied and, until such time, you remain in control of what happens to
your property and financial affairs.
Your Health and Welfare Attorney can only act when you have lost capacity.
By appointing an Attorney, you are safe in the knowledge, that whatever the future may
hold, you have someone there to make decisions on your behalf, someone you trust
and who will have your best interests at heart.
5
Contact us
Give us a call to find out more about how putting into place a Lasting Power of
Attorney will help you or to ask any questions regarding Wills or Estate Planning.
The information we provide is completely free of charge and totally confidential.
Call: 0845 373 3737
email: willsteam@goldsmithwilliams.co.uk
website: www.goldsmithwilliams.co.uk/wills
We’re on
of the UK e
leading ’s
law firm
s
Premier Client Club
46
At Goldsmith Williams, we value
loyalty. This is why we created our
Premier Client Club – to reward
customers who, having already
benefitted from our services, come
back when they need a solicitor again.
As a member, you’ll
benefit from all this:
Standard fees for any future
conveyancing or remortgage
work*
Fees for any future Wills
and Power of Attorney
services*
But it isn’t just you who can benefit from these discounts!
Recommend family and friends to us as we’ll extend these discounts
to them too. Now you can’t say fairer than that!
Premier Client Club costs just £40 (+VAT) and could more than pay for itself in just one
future transaction.
You’ll be given the opportunity to join during your current case with us. Please
visit www.goldsmithwilliams.co.uk/gwpremier for more information.
* not including VAT/Disbursements
Everyday Legal
7
Free legal help from
Goldsmith Williams
Whilst you need our
assistance in your current
case, not every legal issue
needs the professional
advice of a solicitor. Often you
can handle the situation on your own –
you just need a few pointers.
That’s what Everyday Legal, our free advice
service, is all about… equipping you with
the right information so you can solve the
problem yourself whether it’s reclaiming
unfair charges, resolving disputes or
wanting to know your consumer rights.
Topics include:
•
Energy bill refunds
•
How to claim for pothole damage
•
Resolving property boundary disputes
•
Your legal rights when buying a used car
•
Dealing with noisy neighbours.
Everyday Legal is available on our website –
www.goldsmithwilliams.co.uk/everyday-legal - as well as through
our free mobile app. Simply search GW Solicitors in the App Store
or Google Play.
Your Notes
8
Your Notes
9
If our dedicated team of experts
can offer any assistance we’d be
delighted to hear from you
0845 373 3737
or alternatively, visit
www.goldsmithwilliams.co.uk
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This brochure is available in larger print at your request.
The information contained in this brochure is subject to change but is correct at the time of print.
CONVEYANCING | REMORTGAGE | PERSONAL INJURY | WILLS & PROBATE | EQUITY RELEASE | BUY-TO-LET | FINANCIAL CLAIMS | CARE HOME FEES
Goldsmith Williams Solicitors / Mersey Chambers / 5 Old Churchyard / Liverpool / L2 8GW
DX address 14186 Liverpool. Goldsmith Williams is authorised and regulated by
the Solicitors’ Regulation Authority under number 48089 © Goldsmith Williams Solicitors. http://www.sra.org.uk
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