Some people choose to make their own Lasting Powers of Attorney without taking professional advice. The Office of the Public Guardian website is very helpful.
However, using a Solicitor and a member of Solicitors for the Elderly can truly add value. Many applications to register Lasting Powers of Attorney are rejected or terms of the document removed for being invalid. This is particularly the case where they have not been professionally drawn up. Information is no substitute for professional advice.
A professional drafting of the Lasting Power of Attorney can truly add value. For example, you may wish to consider restrictions.
Restrictions and provisions that may be included are as follows:-
- Types of investment you may decline eg. non ethical.
- Options you would like to take on current investments.
- Permission for your attorneys to see your Will.
- Who to consult about financial planning if the need arises.
- How you would like money distributed as gifts to others on birthdays, anniversaries or other special occasions.
- You can guide your attorneys as to the use of annual Inheritance Tax exemptions.
- You can restrict the attorneys so that they must keep accounts and submit these accounts to a family member or professional.
- You may wish to restrict the document so that it can only be registered when you lack mental capacity.
- You can confirm that charitable donations are to continue.
- You may wish to limit the powers of your attorney in some way.
Do I need a Lasting Power of Attorney for Health & Welfare issues?
A health and welfare LPA, 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.
Most care and treatment decisions can be made on your behalf without the need for a court application. However, if you wish to avoid potential disputes, you can give a person(s) authority to make those decisions on your behalf by making a health and welfare LPA.
This LPA can cover such matters as choosing where you live as well as medical decisions. It can be particularly important if a person has certain dietary requirements or religious beliefs that dictate how they dress.
Why choose Wards Solicitors?
At Wards Solicitors we can advise you fully about Lasting Powers of Attorney.
We are also able to advise about Wills, Living Wills, Wealth Preservation, Estate Administration and Trusts. We have experienced and fully qualified Solicitors who are also members of the Society of Trust and Estate Practitioners and Solicitors for the Elderly.
Why not contact us for a free initial meeting? If mobility is an issue we will arrange to come and see you at your home.
In the first instance please contact Jenny Pierce, on 0117 929 2811
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