Lasting Power of Attorney (LPA) Archives | Kidd Rapinet

What would happen if I lost mental capacity and did not have a lasting power of attorney in place?

Kidd Rapinet — Tue, 01 Feb 2022 14:58:36 +0000

If you lost mental capacity and did not have either a Lasting Power of Attorney for financial decisions or a Lasting Power of Attorney for health and welfare decisions, your loved ones would not have the legal authority to help you with your daily needs. They could not:

Access your bank accounts to pay for your food shopping, home care, cleaners or to pay your bills;
Sell your property in order to obtain the funds to move you to a care home;
Speak to your GP or medical professional about your continued care and make decisions about any type of treatment you may need.

This can cause a lot of stress and anxiety for your loved ones, as they would have to consider paying out of their pocket or seek assistance from the Local Authority. Communication with the Local Authority would be limited because you did not have a Lasting Power of Attorney in place in the first instance.

In order to get the legal authority for your loved ones’ needs, you would have to submit an application to the Court of Protection for a Deputyship Order. This procedure is more costly and it can take months before a Deputyship Order is obtained. Accordingly, you should consider getting Lasting Powers of Attorney in place to give you and your loved one’s peace of mind.

This article has been brought to you by our Wills and LPA lawyers at Kidd Rapinet Solicitors Canary Wharf. You can book an appointment with any of our lawyers across our offices in Aylesbury, Canary Wharf, Farnham, High Wycombe, Maidenhead or Slough, using the form provided. Please use the links provided to find more information on LPA, or Wills.

These materials and content have been prepared for the benefit of their viewers/readers. They are intended for marketing purposes only and are of a general nature and do not constitute legal advice applicable to any particular facts or circumstances. Kidd Rapinet LLP and/or the author(s) accept no duty of care, responsibility or liability for any loss or damage which you or any third party may suffer as a result of any reliance or use by you or them of these marketing materials and content, except to the extent it is not legally possible to exclude such liability. If you require legal advice on your own situation, please contact us so we can discuss how we may assist.

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Lasting Power of Attorney

Kidd Rapinet — Mon, 08 Feb 2021 12:55:21 +0000

It’s a common misconception that a spouse or child of an individual has the authority to take over should someone become incapacitated. This is simply not the case. The person concerned must make a Lasting Power of Attorney (LPA) authorising one or more individuals (their “attorneys”) to make decisions for them. Without an LPA, those wishing to act must make a court application, which is both time consuming and expensive.

A Lasting Power of Attorney is a long-term measure, where a person wants family or others to make decisions for them in the future. There are two types and you can make one or both. A property & financial affairs LPA authorises the “attorney” to deal with money and assets: managing bank accounts, paying bills, collecting state benefits/pensions or selling the person’s home (e.g. if they move into a nursing home). It can be used before a person has lost mental capacity (with their consent), as well as afterwards. A health & welfare LPA authorises the “attorney” to take decisions about things like personal care, medical care, moving into a nursing home and life-sustaining treatment. It can only be used after a person has lost mental capacity.

The legal process for making a LPA is relatively straightforward. The trickier part is often persuading a person of the need to do this. You can only make an LPA if you have mental capacity to make decisions, so it must be made before suffering an illness or accident that leaves the person without mental capacity.

If an elderly relative is reluctant to make a LPA, these points might help to reassure them. After making it, they can make changes to it or cancel it as long as they still have mental capacity. The individual making the Lasting Power of Attorney is not relinquishing their rights to make decisions themselves so they can still continue to make decisions regarding their finances and health and welfare should they wish to do so.

Perhaps the most important point is to ensure the person concerned has plenty of opportunity to discuss their wishes with those they appoint as “attorneys”. If parents or other elderly relatives want you to act for them, find out as much as possible about their financial affairs and their wishes. Do they want to live at home for as long as possible, or move into a nursing home? If they need to fund care costs and have surplus assets, which assets do they want to draw on first, and are there any they would hope to keep so they can leave them to family or friends in their Will? In the event of serious illness, are there circumstances when they would not want to be resuscitated or would want life support withdrawn? The more they can tell you about their wishes, the more comfortable they may be in making a Lasting Power of Attorney and the easier it may be for you, if the time comes, to make decisions for them.

This article was brought to you by Kidd Rapinet’s Wills and LPA lawyers in Canary Wharf. You can book an appointment with any of our lawyers across our offices in Aylesbury, Canary Wharf, Farnham, High Wycombe, Maidenhead or Slough, using the form provided. Please use the links provided to find more information on LPA, Wills,

The post Lasting Power of Attorney appeared first on Kidd Rapinet.

What is the Power of Attorney Refund Scheme?

Kidd Rapinet — Thu, 12 Jul 2018 09:00:48 +0000

If you applied to register your Lasting Power of Attorney or Enduring Power of Attorney between 1st April 2013 and 31st March 2017 then you may have been charged more than necessary.

The cost of processing the application has been decreasing over time, and so in April 2013 the application fee was reduced from £130 to £110. Then in April 2017 the fee was reduced again to £82.

The Office of the Public Guardian are the body responsible for monitoring Deputies and Attorneys, and they are now running a refund scheme to return part of the application fee to those who have overpaid.

Who can apply?

Only certain individuals are entitled to make a claim for the refund:

The Donor – the person who made the Power of Attorney;
The Attorney – the person(s) appointed by the Donor to make decisions on their behalf

In both cases the refund must be paid into the Donor’s account.

What if the Donor has died?

If the Donor has passed away since registering their Power of Attorney then their Estate is entitled to the refund.

The Executor under the will or the Administrator of the Estate is able to claim the refund and will need to send the Office of the Public Guardian:

Donor’s death certificate
Donor’s will or the Grant of Probate (or Letters of Administration if the Donor died without a will)
Contact details for the Executor or Administrator

What will I receive?

The amount you will receive will depend on when the fees were paid as interest at 0.5% will also be added.

How can I claim?

A claim can be made either online or by phone.

There is also a refunds helpline:

Telephone: 0300 456 0300 (Option 6)

Email: poarefunds@justice.gsi.gov.uk

Textphone: 0115 934 2778

How long will it take?

The Office of the Public Guardian are stating that it will take up to 12 weeks to process an application.

When must I claim by?

The refund scheme is being run for 3 years and all claims must be made by 31st January 2021.

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