Misconceptions of Lasting Powers of Attorney.

Lasting Powers of Attorney are some of the most important documents you can make in your lifetime. LPAs have been in the news over the last few weeks following a discussion about them by Martin Lewis who emphasises the importance of these documents.

Considering the importance of LPAs there are still a lot of misconceptions out there, that maybe preventing people from making the documents.

Common examples are:-

‘Can my Attorneys automatically use my LPA when it is registered’?

The answer is no (well not without your consent anyway!). The Property and Financial LPA has an option which allows your LPA to be used whilst you have capacity but only with your consent, as well as when you do not have capacity. A common example is being stuck in hospital and unable to manage bills, or perhaps going on a cruise!

This is not the case for a Health and Welfare LPA as they can only be used when you do not have capacity to make decisions for yourself.

Our Solicitors at Johnson Astills can assist you in advising as to what would be the best option for you in relation to the Property and Financial LPA.

‘Lasting Powers of Attorney are only for elderly people’.

This is a very common misconception. A recent study by ‘Which’ emphasised that LPAs are as important for young families as they are for those in retirement.

An LPA is not only to be used where an individual is suffering from Dementia or any other cognitive issues. As per the examples given above, it can be used for a short period of time where someone is unable to manage their financial decision for a limited period or can be used where someone no longer wants to manager their own money.

‘I can make an LPA when it is needed’.

You can only make an LPA whilst you have capacity to do so. Your LPA would need to be signed off by a Certificate Provider who confirms that you possess the capacity to make LPAs (this can be a Solicitor/Doctor).

If there are doubts about a person’s capacity when making LPAs, then a professional medical report would need to be obtained.

If that confirmed that the individual did not have the capacity to make LPAs then someone, for instance a family member or friend would need to apply to the Court of Protection to start Deputyship proceedings.

Our Solicitors at Johnson Astills can assist you in the process of making Lasting Powers of Attorneys and discuss them and your options in detail. Do not hesitate to contact a member of our Wills and Probate team for more information.

Here at Johnson Astills we have specialist solicitors who can advise you in relation to preparing your Will. Johnson Astills are experts in Wills & Probate and if you would like to speak to a solicitor in the department please call us on 0116 255 4855 or 01509 610312.