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Services for the Elderly Leeds, Wakefield & Pontefract
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At JWP we understand our elderly clients’ needs and pride ourselves on establishing a good relationship between client and lawyer. We are happy to spend time with the client and their carers to discuss the options open to them. Home visits and ground floor meeting rooms are available.
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Services for the Elderly Leeds, Wakefield & Pontefract
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We can advise you on the following issues:
- Making a Will and/or a Lasting Power of Attorney
- Court of Protection – For example. if you are concerned that your parents’ lack capacity to make their own decisions and would like to appoint someone to do so on their behalf
- If you would like advice on avoiding the implications of long term care fees, the social services trap and the protection of assets
- Inheritance and estate management
- Living Wills
- Equity Release and Home Reversion Plans
No one knows what the future holds so for peace of mind for you and your loved one, talk to JWP Solicitors on 01924 387 171.
What is a Lasting Power of Attorney?
Following on from The Mental Capacity Act 2005, from 1 October 2007, Enduring Powers of Attorney (the EPA) can no longer be made and has been replace with a Lasting Power of Attorney (LPA).
There are two types of LPA:
- A Property and Affairs LPA, which allows your attorney authority to deal with your property and finances, as you specify
- A Welfare LPA, which allows your attorney to make welfare and health care decisions on your behalf, only when you lack mental capacity to do so yourself. This could also extend, if you wish, to giving or refusing consent to the continuation of life sustaining treatment
The Lasting Power of Attorney is more robust than its predecessor and allows the person who is giving away responsibility (the Donor) to choose someone to not only manage their financial affairs and property but also to make decisions concerning their health and welfare. Furthermore, it allows the Donor to nominate different Attorneys to be responsible for different decisions – for example, one Attorney could be responsible for your finances whilst another Attorney could look after your medical treatment and welfare.
LPAs include authority to make decisions when the donor no longer has capacity to make those decisions on his/her own. However, an LPA can also act as 'normal' power of attorney whilst the donor has full mental capacity, provided it has been registered.
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LPAs cannot be used without first being registered by the Office of the Public Guardian
This contrasts with the situation in respect of EPAs, which only require registration when the attorney(s) believe the donor is or is becoming mentally incapable. When this happens, the attorney has a duty to register the EPA with the Court of Protection.
Whereas the donor's signature on an EPA must be witnessed, this has now been replaced with 'certification' under the LPA scheme. The certifier must confirm that, in his opinion, the donor understands the purpose and scope of the document they are signing.
When can my Attorney act?
To guard against misuse, the attorney will only be able to act when the LPA has been signed by you and your attorney, certified by a person that you understand the nature and scope of the LPA and have not been unduly pressured into making the power. The certificate will also need to confirm there has not been any fraud or another reason why you cannot make the power. It must then be registered with the Office of Public Guardian before it can be used.
The Financial LPA can be used both when you have capacity to act, as well as if you lack mental capacity to make a financial decision. The welfare power can only be used if you lack mental capacity to make a welfare or medical decision.
What if I already have an Enduring Powers of Attorney?
If you have already made an Enduring Power of Attorney, validly made before 1st October 2007, it will continue to be able to be used but only in respect of your property and affairs. If you wish to give authority over your health or welfare then you will need to make a Welfare LPA.
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Services for the Elderly Leeds, Wakefield & Pontefract
Andrew Brown
JWP Personal Injury Solicitor, Leeds / Wakefield / Pontefract. Andrew qualified as a Solicitor in 1983 having graduated from Leeds University with an Honours Degree in Law. Over the last 18 years he has specialised in Personal Injury Claims of all types and level including problems arising from medical treatment, and has a longstanding membership of both the Law Society Personal Injury Accreditation Scheme and the Association of Personal Injury Lawyers.
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