There are many aspects of our lives which can be affected negatively if there is nobody officially authorized to make decisions upon our behalf. Housing, utilities, state benefits, types of health care, location of care, etc.
So what are the Benefits of Lasting Power of Attorney? Well if there is no Lasting Power of Attorney (LPA) in place and you then lose your mental capacity to make your own decisions, nobody else can then immediately act meaningfully in your place. Someone close to you would need to adopt a potentially lengthy court process to obtain LIMITED decision-making power regarding many important aspects of your daily life.
However, if court registered LPA is already in place before you lose your capacity to make your own decisions, your selected appointed attorneys (decision makers) may begin to act immediately after your mental capacity has been lost, thus maintaining continuity. This is why LPA is also sometimes unofficially described as a “Living Will”.
LPA usually takes approximately 3 months to be registered after the appropriate documentation is submitted to the court for approval.
If you use our firm, the maximum cost to arrange court registered LPA would be £294.00 (NO VAT) whilst you maintain your mental capacity. There are NO further costs thereafter if you subsequently lose your mental capacity.
If someone has to apply to a court AFTER you have lost your mental capacity, this would currently cost between £465 and £1,315 initially with potential additional court fees, together with ongoing annual insurance costs plus annual administration costs of between £35.00 and £320.00, and these are all without guarantee of continued success.
Peace of Mind
Once LPA has been registered, there are no further worries as to whether other people can act in your best interests. Whereas, relying upon a court process after your mental capacity has been lost is fraught with uncertainty, delays, costs, and worry.
If attorneys are appointed in advance of any loss of your mental capacity, your attorneys shall have no power and cannot overrule your own decisions. Their decision-making power only materialises once you either lose your mental capacity or if you give your attorneys express permission to act on your behalf whilst you maintain your mental capacity.
Whether you choose your own attorneys whilst you maintain your mental capacity or if they are appointed by a court after your mental capacity has been lost, such decision makers are legally obliged to act in your best interests, so why take the risk of waiting until it is too late?
Please refer to our Power-of-Attorney page for further details.