Lasting Power of Attorney

Lasting Power of Attorney gives the power to someone to have the authority to make decisions on your behalf when you do not have the mental capacity to do so yourself.

There are two types of Lasting Power of Attorney and each type must be applied and costed for separately.

Click on the titles below for more information

Property & Financial

If you lose your mental capacity (or physical capacity in some cases) both you and your spouse or relatives or friends can’t deal with any the following:

1) They cannot pay your Bills
2) They cannot sign your cheques
3) They cannot draw money from your bank account
4) They cannot draw money from a joint bank account
5) They cannot sell your home or deal with your mortgage company
6) They cannot open and close accounts

Health & Welfare

If you lose your mental capacity (or physical capacity in some cases) both you and your spouse or relatives or friends can’t deal with any the following:

1) They cannot make decisions or control where you live eg which care home
2) They cannot control what you eat
3) They cannot control who you should be in contact with
4) They cannot control what kind of social activities you should take part in
5) They cannot control or make decisions on what medical treatment you should receive
6) They cannot consent or refuse life sustaining treatment for you

So if I do not have a Lasting Power of Attorney and I lose mental capacity, what is the procedure?

If a family member loses mental capacity or becomes physically incapable of managing their financial affairs then no other family member can be allowed to look after their affairs. It’s as simple as that.

The only alternative is to apply to the ‘Court of Protection’ which is a long, stressful,  expensive and insensitive process and something you really want to avoid….including the need to complete  an application form which includes a section to be completed by a  doctor to confirm mental capacity….. there is a £365 application fee and potential appeal fees of £320 together with assessment of capacity fees of between £100 and £400…. deputy assessment fees are £100… where two or more people own a property  professional fees can be in the region of £717… annual supervision of deputy fees  which includes ongoing annual fees of between £35 and £320.

What should you do?

How do you prevent this potential nightmare of having to apply to the Court of Protection ?…. Simply set up a Lasting Power of Attorney. ….It will last a life time and make life so much more helpful and easier for all concerned