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Lasting Power of Attorney (Maximum Cost per Person is £264.00, or per Couple is £508.00 and NO VAT).

Should I Wait Until I am Unwell before Arranging Lasting Power of Attorney?

Quite the Opposite!

Lasting Power of Attorney (LPA) must be arranged whilst you have the mental capacity to make and understand your own decisions.

Informal agreements with banks, building societies, doctors, hospitals, solicitors, etc., are a thing of the past. This is also the case for informal resuscitation and life support wishes. If an individual acting in any professional capacity takes instruction from anyone who does NOT have official authority to act on behalf of someone else, that professional individual stands to be subject to legal proceedings if they make a mistake. Therefore, professionals and institutions are now understandably reluctant to act upon any unofficial and informal instructions.

If LPA has not been arranged and a person loses their mental capacity, a representative (usually a family member) must apply to a Court in order to obtain limited decision-making power on behalf of the patient. This can take many months, even into years, and usually costs anywhere between £365* and £865* for limited permission to make one single decision. To obtain limited permission to make continuing decisions, this usually costs between £830* and £1,315* initially PLUS ongoing annual costs of between £335* and £620*. The variance between these figures is due to the specific nature of each application.

Having LPA in place before a person loses their mental capacity will avoid all the above time and financial constraints thereafter.

(*Figures correct as at February 2021).

There are 2 different types of LPA.

Property & Financial Affairs LPA which, as you have probably deduced, allows a person or people of your choice to take over this aspect of your life if you lose the capacity to deal with such matters.
An example of when this would be important is when 2 people co-own a property. If one of the co-owners loses their mental capacity and if the house needs to be sold or significantly altered to cater for an illness, without a Property & Financial Affairs LPA in place someone will have to follow the court process stipulated above BEFORE any property transaction can take place. With this LPA in place, the attorney can then officially act on behalf of the person lacking mental capacity (subject to the additional involvement of an appropriately qualified Conveyancer during the exchange of contracts and completion of a property sale).

Health & Welfare LPA allows a person or people of your choice to take over this aspect of your life if you lose the capacity to deal with such matters.
An example of why this is so important is when someone requires long-term care. Unfortunately, many people are refused NHS funding for their care even though they are entitled to it. Without Health & Welfare LPA in place, if a patient has lost their mental capacity, they will not be capable of appealing against an incorrect refusal of NHS funding. However, if attorneys have already been legally appointed, those attorneys can then appeal against such a refusal for funding, as if they are the patient. They can also make a fresh application for NHS funding on the same basis.

If you are unable to find the information you need on this site, then please contact Michael Cotterill, WITHOUT COST OR OBLIGATION, on either
01392 949003 or 07784 028708

If you prefer, you can email him at michaelcotterill@trfwills.co.uk

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