Aroundtown Magazine July/August 2022

FAMILY
Lasting Powers
of Attorney:
Are they as important as making a Will?
With Rob Firth, Yorkshire Rose Wills
The importance of having
Lasting Power of Attorney, or
LPA as they’re often referred to,
can never be underestimated.
It enables you to appoint people you trust to
be your voice and have the practical powers they
need to act and make decisions when you lack
the mental capacity to do so. But that just doesn’t
mean in old age; it could be through an accident
that causes a brain injury, a stroke, degenerative
condition such as dementia or Alzheimer’s
disease, or learning disabilities.
But how do LPAs work?
To get started with an LPA, you must be over
the age of 18 and have mental capacity. You
will be known as the ‘donor’ and the people you
appoint to make the decisions are your ‘attorneys’.
As a legal document, an LPA needs to be
registered with the Office of Public Guardian to
be valid and it comes in two different formats:
Property & Financial Affairs and Health & Welfare.
You can choose to make one type or both.
The Property & Financial Affairs LPA covers the
money side of life; the paying of bills, mortgages,
access to bank accounts, pensions, investments,
benefits, and the buying, selling and maintenance
of your home. It allows your attorney(s) to
communicate with the professionals involved,
including banks, accountants, financial advisers
and solicitors. Your money and property should
be kept separate from theirs, and an attorney
should keep accurate accounts and not use an
LPA as a means of benefitting themselves.
Whereas the Health & Welfare LPA covers
your day-to-day care, such as arranging medical
and dental appointments, exercise and dietary
requirements, choice of where you live, and
the location of any care home or sheltered
accommodation. An attorney can speak to your
doctors about, and make decisions on, any
life-sustaining treatment or potential alternative
therapies, unless you stipulate your wishes to
refuse any treatment in an advanced decision.
They will also liaise with social services, if
necessary, to ensure the right support is available.
Your attorney is reminded at all times that
they are under obligation to only act in your best
interests. The Court of Protection can cancel
an LPA if an attorney is not acting in a person’s
best interests and is making excessive gifts to
themselves or others.
If you don’t have an LPA in place, your family
will need to obtain permission to act as your
‘deputy’ from the Court of Protection. This can be
a very stressful and expensive process that can
easily take several months and cost thousands
of pounds in legal and medical fees. In the
meantime, your family will be stuck and unable to
assist you.
Many people also mistakenly believe that if
they are married and/or have joint bank accounts
that they don’t need LPAs. Unfortunately, bank
accounts can be frozen quickly and being married
does not give you power to decide for your
spouse or civil partner if they are incapacitated.
It is also worth mentioning that if you run a
business, an LPA can be crucial to enable it to
continue. A specific LPA can be set up if you
want different attorneys to manage your personal
finances and your business interests.
You can prepare an LPA yourself, but much
like a Will, this is an important legal document with
many aspects that have the potential to go wrong.
Careful consideration is needed as to whether
you choose your attorneys to act jointly, or jointly
and severally, as well as appointing replacement
attorneys. If the incorrect wording is used, or
the LPA is signed in the wrong order, it could be
rejected or not accurately reflect your wishes.
At Yorkshire Rose, we can assist your
application to ensure it is filled in correctly,
reducing the risk of error or delays. If you
would like to discuss LPAs further and how
they can be suited to your circumstances and
situation, please call us on 01226 107111
to book an appointment either at our office or
in the comfort of your own home.
Wills and Funeral Plans
OUR SERVICES:
Will Writing
Single Wills from £165
Mirror Wills from £245
Rob Firth,
APPROVED MEMBER
OF THE SOCIETY OF
WILL WRITERS
Trust Wills
• Discretionary Trust
• Flexible Life Interest Trust
• Protective Property Trust
• Vulnerable Person’s Trust
Lasting Power of Attorney
• Health and Welfare
• Property and Financial Affairs
Mapplewell & Staincross Village Hall, Darton Lane, Mapplewell, Barnsley S75 6FW
01226 107111 • www.myyorkshirerose.co.uk
50 aroundtownmagazine.co.uk