Edmunds & Eve for Your Power of Attorney
Power of Attorney lawyers serving Wokingham, Ascot, Windsor and much of the Home Counties.
We are specialists in this area of law and offer a free initial consultation to discover your wishes and circumstances, when we can then quote you a price, so that you can make an informed decision.
The Power of Attorney
The Power of Attorney ( PoA) is a written authorisation to represent or act on another's behalf in private affairs, business, or some other legal 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 only as long as the donor has mentally capacity, whereas the LPA is effective into the donor's mental incapacity.
The Lasting Power of Attorney helps where the donor has a 'stroke', a dementia or other such mental ailment. It is governed by the Mental Capacity Act ( 2005 ) and let's the donor authorise a trusted person to act for him at such a time. Also, the LPA can be made to control the actions of the Attorney, as well as, when the powers of the Attorney would come into effect.
Because of it's purpose; the LPA 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 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. In addition to the physical and emotional problems that come with this condition, there are some legal problems to consider. Principally, because people with these conditions, including coma or stroke, are not able to legally make decisions for themselves, medically or financially. This is called loss of mental capacity. A life is then governed by the Mental Capacity Act ( 2005 ).
Types of Lasting Power of Attorney
There are 2 main types of LPA that should be put into place early on to ensure your wishes are followed. These are:
- Finance & Property: This covers any decisions about your finances or property. Your attorney will be responsible for helping you with your assets in line with your wishes, including your banking, insurance, investments and property - income and sales.
- Health & Welfare: The role of the health and welfare attorney is to help you make medical or welfare decisions in relation to medical care or welfare (for example where you live and how you are cared for) when you are unable to for yourself.
When to 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 apropos to make them together. It can be a complex decision tree to follow, to reach an appropriate decision. Recently, the statistical age for being diagnosed with a dementia, was moved from the age 55 to 45. Yes! I too, gave it a double-take. 45! So, if you have not yet drawn up your LPA, then you are at risk of your medical or financial fate falling into the hands of the 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. It may not be who you would have chosen. And, in addition, the costs that it charges are many, many, times the price of an LPA. You become a number in amongst thousands. At Edmunds and Eve, we understand that your individual needs and desires are paramount, which is why we work closely with you to design your LPA to be exactly what you want.