Things to consider when preparing Powers of Attorney

It is always advisable to prepare a Lasting Power of Attorney (LPA) because you can never be certain of what the future will bring. An LPA allows you to give someone you trust the legal authority to make decisions on your behalf should you not have the mental capacity to make these decisions on your own, or if you do not want to make certain decisions. For these reasons it is very important that your choice of attorney(s) is a decision made wisely.

What to think about when selecting your attorneys

Article by Kagowa Kuruneri

Spouses and other family members cannot just walk into the bank and access your accounts, even if it is to pay for your care. Without an LPA in place your relatives will have to apply to the court to be given authority to help you in this way, and this can be a long and costly process. 

Depending on the type of LPA you make, your attorney will have the power to make decisions such as where you live and whether or not you should receive or stop receiving a particular health care treatment. If your attorney is managing your affairs they will have the authority to write cheques in your name, sell or rent your property and even carry out your trade or business. Additionally, they will be able to conduct legal matters on your behalf.

Because of the power and responsibilities your attorney will have it is important that you consider the following:

• Bearing in mind their own lives and obligations, is your attorney guaranteed to be able to take on, and manage, the responsibility you will be giving them? How well do they look after their own affairs? 
• Think about the type of LPA you are creating, does your attorney have any relevant background or knowledge that will assist them in making those decisions on your behalf?
• Can your attorney act alone or would it be better to have two or more people working with them to ensure that all decisions made on your behalf have been thought through with the time, care and consideration required?
• Can your attorney be trusted to act in your best interests, setting aside all personal feelings and emotions? 
• How well do you know your attorney? Would you still be comfortable with them making decisions on your behalf regardless of how circumstances and relationships change as time goes by?
• Do you trust your attorney implicitly?

Remember, even though an LPA can be revoked, you have to be deemed to have the mental capacity to be able to make the revocation.

What to think about when selecting your certificate provider

In order to have your LPA registered, you will also need to have a reliable certificate provider. This is a person who can serve as a witness for your LPA and should be able to prove that at the time of preparing your LPA you did so on your own volition and that you understood the nature, purpose and scope of the authority you have granted. Your certificate provider should be able to act independently and possess the professional skills and expertise to provide your certificate. 

Garden House Solicitors specialise in drafting Lasting Powers of Attorney and are happy to assist you with any of your needs or concerns. To arrange an appointment, telephone me on 01992 422 128 or email me at Kagowa@GHSLaw.co.uk.

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www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Are you thinking of making a living will?

What is a living will?

A living will (sometimes known as an advance directive) is a written statement detailing your wishes regarding health care and how you wish to be treated if you were to become seriously ill. Living wills come into force when you are no longer able to communicate your own choices and can be useful if you have not made a power of attorney. Living wills are legally binding under the Mental Capacity Act 2005. This means that as long as a living will is valid and applicable then any refusal to accept treatment set out within it is legally binding in England and Wales.

Please note that a living will is not the same as euthanasia, but a request in advance to doctors not to give certain life-sustaining treatments. 

Who can make a living will? 

Anyone who is aged 18 years or over and has the mental capacity to do so.

Does a living will need to be signed and witnessed?

If you are choosing to refuse life-sustaining treatment then this must be done in writing and both you and at least one witness must sign it.

Power of Attorney Solicitor Hertford

If you are looking to prepare a power of attorney it is important to consult a specialist who can discuss all of the relevant options with you; give you accurate advice on the implications of each decision and guide you through the process from start to finish.

We are proud to have two solicitors who specialise in powers of attorney, both of whom are Dementia Friends and members of Solicitors for the Elderly. 

We offer fixed fees on all power of attorney packages so that you know exactly what you have to pay with no hidden extras. Our office is in Hertford and we have parking available, but if it is more convenient for you we also offer free home visits within a 20 mile radius. If needed we are happy to arrange to see you outside of office hours. 

There are different types of power of attorney:

• General power of attorney - usually used as a short term measure, for example if you are going abroad for a long trip and need some matters dealt with whilst you are away.
• Property and financial affairs lasting power of attorney (LPA) - this is a document that authorises your chosen attorneys to act for you even if you lose mental capacity. You can allow them to do anything with your money and property that you yourself can do, or you can restrict the way in which they can act for you. 
• Health and welfare lasting power of attorney - this document also allows your attorneys to make decisions for you if you have lost mental capacity. It covers the care and treatment you receive, and you can also decide whether or not you wish them to be able to make decisions in relation to life sustaining treatment on your behalf. 
• Enduring power of attorney (EPAs) - this was the document used until 2007 to give attorneys authority to act even after you had lost mental capacity. Since 2007 it has not been possible to create new EPAs, but valid documents created before that date are still valid. 

For more information or for details of costs please see our website http://www.gardenhousesolicitors.co.uk/powers-of-attorney-and-court-of-protection.html or call us on 01992 422128 to arrange an appointment. 

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www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

LPA and EPA Registration Fees to be Reduced

Article by Sharon Brown

Every Lasting Power of Attorney (LPA) must be registered with the Office of the Public Guardian (OPG) before it can be used.  Enduring Powers of Attorney must be registered at such time as the donor (the person who made the EPA) has lost or is beginning to lose mental capacity.  The current fee for registering an LPA or EPA with the OPG is £130.00 per document. 

On 16^th Jul 2013 it was announced by Helen Grant (the Under-Secretary of State for Justice) that the fees will be reduced.  From 1^st October 2013 the registration fee will be £110.00 per document, a very welcome saving for people trying to put their affairs in order.  Also, where an application to register has to be resubmitted to the OPG the fee is being reduced from £65.00 to £55.00.    

The Government has previously stated that it would like every adult to have an LPA in place and I feel this is a step in the right direction to making that wish a reality.

If you have any questions regarding EPAs or LPAs please feel free to contact me on 01992 422128 or by email to Sharon@gardenhousesolicitors.co.uk

www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Who Should I Appoint as My Attorney?

Article by
Sharon Brown

Once you have decided to make a Lasting Power of Attorney (LPA) it is important to spend some time considering who you want as your attorney or attorneys.

Your attorneys will have legal authority to act on your behalf if you lack mental capacity.

You can choose to have more than one attorney, and indeed this can be a good idea.  However, having too many may prove impracticable.  The main factor is that your attorneys are people you trust.  Whilst it is not essential, it would be helpful if your attorneys know each other or are at least willing to work together.  If there is an existing rift between them it could cause unnecessary delays in your affairs being dealt with.

You should also consider how realistic it is for your attorneys to be able to assist you, for example, if they often spend long lengths of time in remote parts of the world, it may be sensible to choose another attorney who is more local.

You can also name one or more replacement attorneys in your LPA, in case your first choice can no longer assist you.

There is no obligation on you to have the same attorneys for your financial LPA as your health and welfare LPA.

To discuss your decisions and next steps, telephone me on 01992 422128 or email Sharon@gardenhousesolicitors.co.uk

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www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Who Needs a Power of Attorney?

Article by
Sharon Brown

Anyone who would like to have a say over what health care and/or treatment they receive in the future, or who has assets in their sole name should make a Power of Attorney.

There are two types of Lasting Power of Attorney (LPA); one to cover health and welfare issues and one to cover your property and financial affairs.

Many people are not aware of what a Power of Attorney is and, even those that are often assume it is only elderly people or those suffering from illnesses such as dementia, who need to make an LPA.  This could not be further from the truth.

There are many health conditions that can leave you without sufficient mental capacity to manage your affairs.  Furthermore, you could be the victim of an accident at any time, regardless of how old you are.

LPA's for Businesses

Article by
Craig Ward

What would happen to your business if you were unavailable for a month? This can so easily happen, you get stuck abroad with flight delays, you’re injured and need to recuperate, or you could lose mental capacity. These situations can be managed by making a Financial Lasting Power of Attorney for Businesses. A Lasting Power of Attorney lets you appoint someone who knows your business well to manage it if you’re not able to. Your business may have taken years to build up, in just a short month it could be wiped away which is a waste.

Help! I Need Somebody...

Article by
Sharon Brown

Have you ever considered who would look after your finances if you couldn't look after them yourself?  Many people assume that this is something only the elderly need to consider, but due to strokes, heart attacks, and other debilitating illnesses or accidents mental incapacity is something that can affect anyone of any age.

If you lack sufficient mental capacity your spouse, children, friends or other family members will find it extremely difficult to look after your finances on your behalf.   Banks and other financial organisations are legally not allowed to give them any information or discuss your finances with them.

LPA Solicitor in Hertford

Article by
Sharon Brown

Since starting work in Hertford I have assisted a number of clients take control of their future by preparing both Property and Financial Affairs Lasting Powers of Attorney (LPA's) and also Health and Welfare LPA's.

If you or someone you know in Hertford or the surrounding area requires assistance with a power of attorney I would be happy to help.  Being local to you means I am on hand when needed and can offer home or hospital visits at a time to suit you.  At Garden House Solicitors we believe in providing a service tailored to you and therefore we do not charge extra for visiting you at home.

Please take a look at our Wills and Power of Attorney page for more ways in which we can assist you look after your loved ones or telephone me on 01992 422128 to see how I can help you with your LPA.  Alternatively, you can email me - sharon@gardenhousesolicitors.co.uk  

www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.