A High Court judge has been praised for suggesting that people should have to make an advance statement of wishes otherwise known as a ‘living will’ in case said person suffers a serious incapacitating illness or injury.

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Ever wondered what a Lasting Power of Attorney (LPA) is, or whether it is something you actually need? In this article, we at Thorneycroft Solicitors thought we would offer a helping hand to those of you interested in the subject.

So, what are Lasting Powers of Attorney?

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The Office of the Public Guardian has admitted that fees charged for lasting powers of attorney have been too excessive in the past four years.

They revealed that fees charged were above that of the costs involved in processing an LPA application.

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A woman has been awarded £30,000 from her father’s estate despite him expressing the fact that he had disowned his children in his will.

The daughter, who was one of three children was awarded the money from her father’s £240,000 estate under the Inheritance (Provision for Family and Dependants) Act 1975.

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Lasting Power of Attorney

Thorneycroft Solicitors, based in Macclesfield, Buxton and Holmes Chapel have a Private Client team of solicitors who specialise in advising on and providing Lasting Powers of Attorney. We provide our clients with a sensitive and sympathetic service and will guide you through the process from start to finish.

Many of us may think that we’re either “too young” or that “nothing is going to happen to me” or that “I will address this at a later stage”. However we all know someone who has been subjected to a critical illness, serious accident or a rapid deterioration in health. Should this happen and you’re unable to manage your own affairs it will be too late to appoint a loved one and your affairs will be dealt with by a court.

What is the Lasting Power of Attorney process?

A Lasting Power of Attorney is a legal mechanism by which you can appoint another person to make decisions for you should you become incapable for any reason. This gives you, your family and loved ones the peace of mind that all matters will be dealt with in your best interests by someone who you know and trust should anything unfortunate happen to you.

There are two types of Lasting Power of Attorney (LPA):

• Health and Welfare
• The Property and Financial Affairs

With a Health and Welfare Lasting Power of Attorney you can choose in advance who will be authorised to make decisions on your behalf relating to your welfare and health in the event of you losing the capacity to make decisions. Control over your affairs would only pass to the person that you have nominated as your attorney at such a time when you are medically certified as losing mental and/or physical capacity. Health and Welfare Lasting Powers of Attorney are often used where decisions regarding consent to medical treatment and decisions about residential care are involved.

With a Property and Financial Affairs LPA you can choose someone to manage your financial affairs. Unlike a Health and Welfare LPA where the attorney can only be authorised to exercise his or her powers after you lose mental capacity, a Property and Financial Affairs attorney can be authorised to act on your behalf whilst you still have capacity for example during extended periods abroad. 

We have put together an Estate Planning Checklist to help you plan for the future.

Find out how a Lasting Power of Attorney could help you

It is worth taking the time now to discuss what options are available to you so that you may have peace of mind and reassurance that your affairs will be well looked after should anything happen to you. If you would like to know more, or would like to book an initial consultation simply contact our Lasting Power of Attorney solicitors. We are happy to arrange to visit you at home.

Contact Thorneycroft Solicitors today

Call us now on FREEPHONE 0800 1979 345, or complete our simple enquiry form.