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Lasting Power of Attorney in Arnold | MWQ Estate Planning

Lasting Power of Attorney in your area

Are you looking for an affordable LPA?

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Q – What is the difference between power of attorney and lasting power of attorney?

A: Lasting Power of Attorney (LPA) replaced Enduring Power of Attorney (EPA) on 1st October 2007. EPA’s signed prior to that date are still valid and can be registered but the LPA is far more flexible and you have the option of taking out either a Property and Financial Affairs LPA or a Health and Welfare LPA, or them both.

Q – What powers does a lasting power of attorney have?

A: An LPA does not give you unlimited authority to make decisions on behalf of the donor. A lasting power of attorney can be either a property and financial affairs LPA – which allows the attorney to make decisions about finances and property – or a health and welfare LPA (healthcare and personal welfare decisions).

Q – When can a lasting power of attorney be used?

A: A property and financial affairs LPA must be registered before it can be used. However, you don’t have to wait until someone loses their mental capacity before using it. A property and financial affairs LPA will come into effect as soon as it is registered.

Q – What are the four types of power of attorney?

A:

There are four main types of powers of attorney.
  • Limited. A limited power of attorney gives someone else the power to act in your stead for a very limited purpose. …
  • General. A general power of attorney is comprehensive and gives your attorney-in-fact all the powers and rights that you have yourself. …
  • Durable. …
  • Springing.

Q – How do I prove I have lasting power of attorney?

A: You may arrive brandishing your lasting power of attorney, but don’t forget to have some proof of identity. If you also bank with the provider, a debit or credit card will help, but also take your passport and/or driving licence.

Q – Why do you need lasting power of attorney?

A: What does a Lasting Power of Attorney do? An LPA appoints an individual to serve as the ‘attorney‘ or legal representative of another who has become incapacitated due to declining mental health, brain injury, or a physical injury that has rendered them incapable of communicating their own wishes.

Q – Can a power of attorney write checks to themselves?

A:

Your duties as an Attorney when making payments or gifts

Perhaps the most important duty you have as an attorney is the duty to act in the best interests of the donor. … Attorneys can even make payments to themselves. However, as with all other payments they must be in the best interests of the donor.

Reasons why you really should have a Lasting Power of Attorney (LPA)

The list of reasons why you should have a Lasting Power of Attorney goes on and on, but here are a some of the most important reasons in favour of having this important document earlier in life.

  1. You control an LPA

You can name the person you want to be your attorney, whereas if you are incapacitated for any reason, without an LPA, the decision-making responsibilities could be awarded to ANYONE by the Court of Protection – including, for example, a relative (brother, sister, wife, uncle etc) who you don’t think has your best interests at heart.

  1. An LPA is of course ‘lasting’

That L is important. An ordinary power of attorney can be made in good health, but will be revoked by mental incapacity. An LPA lasts beyond the point of incapacity, and is generally not even triggered until that point, when it is really needed the most.

  1. There are two ‘kinds’

Perhaps you want someone to help with just your finances, but you are still mentally capable of managing your personal affairs in general. Or maybe you want to appoint an attorney just to decide on your health care provision.

LPA’s come in two kinds: property and affairs, and personal welfare. The latter can only be used when you are incapable (no longer able) to make your own decisions about healthcare and welfare, so no one will take your rights away from you until it is necessary.

  1. You can’t be coerced

All new LPA must be discussed with a certificate provider, which is either a professional, or someone you trust, who must verify that you know what you are agreeing to and that you have not been coerced into signing.

  1. LPA’s must be registered to come into effect

As mentioned above – but worth stressing again – an LPA only comes into effect when it is triggered or ‘registered’. Property LPAs can be triggered while you are still mentally capable, to appoint an attorney to help you out, whereas welfare LPA’s are solely for when you cannot decide for yourself anymore.

  1. You can make limitations

If you want to limit your attorney’s powers, you can do this by clearly stating limitations on the LPA. However, bear in mind that once you are mentally incapacitated, you will be unable to lift any such limits to grant more general powers – so don’t restrict access to parts of your life that you will want them to manage for you later down the line.

  1. You can have multiple attorneys

You can grant rights to multiple, different people if you want, who can make decisions jointly or separately. If each has individual decision-making responsibility, this also ensures you still have representation if one of your attorneys dies or becomes incapable.

  1. You can have successors

If you only want one attorney with responsibility, but you want someone in reserve in case your first choice dies or is incapacitated in their own right, you can nominate a successor to take over the role when it becomes appropriate for them to do so.

  1. Financial powers are limited

Your attorney cannot just give away all of your money to whomever they choose. Financial gifts are capped, and a court order will be needed to approve more sizeable gifts of your money to other people. Also, professional financial advice must be sought before your attorney can make investment decisions on your behalf, protecting you from them speculating too wildly with your money.

  1. You are protected

The Court of Protection can revoke LPA’s and can be asked to rule on whether or not they are valid. Meanwhile, the Office of the Public Guardian can be contacted when incidences of abuse by attorneys are suspected, or if they do not appear to be acting in the best interests of the individual.

  1. An LPA is quicker

The Court of Protection exists to help make sure your family gets the access to your finances that they need if you are incapacitated, but without an LPA that can take a long time to put into place, which can leave your loved ones to face hardship in the meantime. With an LPA it’s clear who gets access to your money and as soon as it is registered, they can start using it to make sure your family is looked after properly.

  1. Peace of mind

You probably wouldn’t want to die without a will in place, especially if you own property, have substantial cash savings, or have a partner or dependants. But what if something happens to you that does not kill you, but leaves you incapable of communicating your wishes to those closest to you.

It’s an uncomfortable thought but it’s crucial to consider it in good health and make the sensible decision – and an LPA is probably the single best way to make sure that your interests are protected from the moment you are incapacitated until your death, after which your will can distribute your estate in the usual way.

 

PROBATE TRUSTS

A Probate Trust is designed to speed up the payment of policy proceeds to your client’s beneficiaries following their death. The client can access the bond during their lifetime. A discretionary trust where the trustees may choose to make payments to any beneficiaries within the trust in question.

Q – Do I need a solicitor to obtain a Grant of Probate?

A – It is  possible to apply for Probate without a solicitor. However, in many situations it will be advisable to use a specialist Probate company. For example, if no Will was left by the deceased or the Will has been contested, if tax is payable or if charities are beneficiaries. A specialist probate practitioner can also help with the administration of complex estates – for example estates which have business, agricultural or foreign assets.

Q – What can go wrong when dealing with your estate when you die?

– A Personal Representative (executor or administrator) can be an onerous role. It is time consuming and has to be done properly to avoid HMRC penalties and claims by beneficiaries. Family pressures and divided loyalties can also cause problems. Read our fact sheet about the common pitfalls for Personal Representatives to learn more.

We cover all these places and much more…

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Ever thought “What are Mirror Wills?” – Mirror wills are almost identical wills where one person in a couple leaves their estate to the other in the event of their passing away. The most common mirror wills are when one spouse/partner leaves everything to their spouse and then to their children.

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