Ferndown Solicitors offer a range of services in connection with Lasting Powers of Attorney (LPA) and Court of Protection applications. We also act as professional attorney and deputy for those clients who require this.
- General Powers of Attorney.
- Lasting Powers of Attorney.
- Registration of Enduring Powers of Attorney.
- Court of Protection Applications.
1. General Power of Attorney
We offer advice in connection with Powers of Attorney and are able to prepare the documents you require. A General Power of Attorney is a document which appoints someone to undertake a specific task or role on your behalf. While this has a legal purpose the document will no longer be effective should the donor (the person giving the power) lose the mental capacity to provide instruction.
2. Lasting Powers of Attorney (LPA)
The importance of planning ahead and having these documents in place should not be underestimated. Without this legal documentation, your spouse or other trusted individuals may not be able to assist you with the management of your finances or indeed effectively represent you in all matters relating to your health and future care needs. In the event of an accident or illness which removes your ability or mental capacity to state your wishes, you could find yourself subject to an application being made about you to the Court of Protection for the appointment of a Deputy. This is a lengthy process, which is more costly to your estate and may not represent your views.
Top five reasons to put this documentation in place
- Control – You decide who will take control of your financial affairs and welfare in the event of an accident or loss of your mental capacity.
- Financial Security – You put in place someone to assist you in all day to day financial activities should you need it and the protection and preservation of your estate should you no longer be able to provide instructions.
- Peace of mind – Provides protection for you and those you love.
- Lifestyle – You decide how you want to be cared for by putting in place people you trust to represent you and your wishes.
- Cheaper – Less costly in time, charges and the added complication of applications being made to the Court of Protectio.
In addition Lasting Powers of Attorney (LPA) allows you to place restrictions and offer guidance as to how your Attorneys should act in the event you lose capacity and are no longer able to provide instruction.
There are two types of LPA, one for financial decisions and the other for health care decisions.
- A Lasting Power for financial decisions can be used to allow someone to act for you even while you still have mental capacity, provided they are following your instruction. These decisions may include such things as buying and selling property, investing money and paying bills.
- A Lasting Power of Attorney for health is different in that it only comes into effect if you have lost the capacity to make decisions for yourself. It will allow someone you trust to make decisions such as where you live, your medical care, what you eat and what kind of activities you should take part in. It further allows you, the Donor to express any wish you may have in connection with life-sustaining treatments.
An LPA is only valid if you have not been put under pressure to create it and if you have the mental capacity to understand the implications of the document. Both documents require a Certificate Provider to certify that this is the case at the time of signing the application as part of the process. They must also be registered with the Office of the Public Guardian to be used.
Our fees in connection with these services are charged on a fixed fee basis, please contact us for further information.
For those clients who are confident about completing the documents themselves, we also offer a documentation checking service for a fixed fee with no VAT payable.
3. Registration of existing EPA
For those clients with an existing Enduring Power of Attorney, this remains valid and covers your property and financial affairs. However, if the donor should lose mental capacity it is at that stage that the Office of the Public Guardian requires the document to be registered with them. Ferndown Solicitors can assist in making this application for a fixed fee with no VAT.
4. Court of Protection
For those clients who need to apply to the Court of Protection for a loved one who has sadly lost mental capacity, we are able to assist you in making such an application. This is charged at the fixed fee approved by the Court of Protection but will not be subject to an additional charge to VAT.
Contact us to arrange an appointment to talk over your situation with Kate Pelzer.