POWER OF ATTORNEY

Save your family stress, anguish, and money, with a good Power of Attormey.

Power of Attorney lawyers serving Wokingham, Windsor, Ascot, and the Region, helping you do just that.

 

Whether your need is family only, or you own a family business, we offer a free initial consultation, so that you can make an informed decision.

The POWER OF ATTORNEY

Save your family much stress, anguish and money, with a good Power of Attorney.

The Power of Attorney ( PoA) is a written authorisation for a representative to act on another's behalf in private affairs, business affairs, or some other legally binding matter. It can be broken down into two types: the General Power of Attorney(GPA) and the Lasting Power of Attorney(LPA).

The GPA is effective immediately it is signed, but valid only as long as the person who makes it (the Donor), has "mentally capacity". Whereas, the LPA must be registered with the Office of the Public Guardian; and is effective when the Donor loses "mental capacity".  The LPA is the one that most people refer to when they think - Power of Attorney.

The LPA is governed by the Mental Capacity Act (2005) and let's the Donor authorise a trusted person to act for him/her at such a time. There are many formulae of LPA. It can be made 'open', or 'controlled'; as you require to govern the actions of the Attorney when acting for the Donor.

The vital condition for applying for the LPA is; that it must be made when you have full mental capacity. Therefore it is important to think about applying for one, whilst you are still fit and healthy. Perhaps along with your Will.

Why Do I Need A Lasting Power Of Attorney?

It's not something that people usually think about for a discussion topic at the office drinks machine.   However, statistically;  1 in 3 people born in UK this year will develop some sort of degenerative brain condition – such as a dementia, including Alzheimer’s  Disease or Parkinson’s Disease.  And then you have the sudden onset conditions including: Heart attack; Coma; Stroke; and more recently Covid-19.

In addition to the physical and emotional problems that come with this condition, in such a circumstance, a person's life is governed by the Mental Capacity Act (2005).  And if there is no LPA in place at the time, the government's Court of Protection will rule your life.  That is both very expensive and very impersonal.   So by making a LPA, you make the decision about how things are to be run at that time. Hence, you will save a lot of money in addition to family stress and anguish.

WHAT ARE THE TYPES OF LASTING POWER OF ATTORNEY (LPA)?

There are 2 types of LPA. Both should be put into place to ensure your life's needs are covered, when you are not able to make decisions for yourself . These are for:

Finance & Property: The role of the finance and property attorney is to help you make decisions in relation to your financial affairs. For example; your income, banking, insurance, investments and property matters etc.

Health & Welfare: The role of the health and welfare attorney is to help you make decisions in relation to your medical care and personal welfare.  For example where you live and how you are looked after, as well as day-to-day life style needs.

WHEN SHOULD I MAKE A LASTING POWER OF ATTORNEY?

Often the LPA is drawn up alongside the Will. The same mental awareness must exist to make them. Hence, it is usually apropos to make them together. It can be a complex decision tree, to reach an informed and appropriate decision. Also, did you know that in the year 2018, the Office for National Statistics (ONS), revised the earliest age for being diagnosed with a dementia, from age 55 to 45. Yes! 45!  So if you have not yet drawn up your LPA, then you are at risk of your medical and financial fate falling into the hands of the government's Court of Protection, before you may have thought.

The Court is a highly stringent environment that controls your world. It, must decide who will represent you as your Deputy. That person may not be who you would have chosen. And, in addition; the costs that it charges for this service are many, many times the price of an LPA. You become a number in amongst thousands. At Edmunds & Eve, we understand that your individual needs and desires are paramount. This is why we work closely with you to design your LPA to be exactly what you want.