insideKENT Magazine Issue 43 - October 2015 | Page 146
LAW
ADVERTISEMENT FEATURE
plan
for the unexpected
with a lasting
power of attorney
People of all ages are becoming
increasingly prepared to face up to the
possibility that in the future they could
become unable to make decisions for
themselves due to mental incapacity,
whether brought on by a sudden accident,
illness or advancing age.
Given the statistics it is worth considering how
your relatives would cope should this happen to
you. For example, there are around 850,000
people with dementia in the UK and, as you have
probably heard in the media, this number is
forecast to increase.
One positive way of dealing with things is
to create a lasting power of attorney (an LPA) –
a legal tool to appoint people you know and trust
to look after your property and financial affairs or
health and welfare should you become unable
to do so yourself.
Sue Jull, an LPA specialist at Boys &
Maughan Solicitors in Canterbury explained:
“LPAs are like an insurance policy in case you
lose your mental capacity or become physically
frail. When this happens people can become
overwhelmed and find it difficult to deal with all
manner of things. Paperwork and bills pile up,
for example, and everything can seem out of
control.”
People often choose to have just a property
and financial LPA but a health and welfare LPA
will put your family in a stronger position if social
services intervene.
“If social services were to take out what
they refer to as a “Best Interest Order” stating
that they feel it is in your best interests that you
are admitted to a care home, your family can go
along to any Best Interest Meetings, but will not
be able to participate in any decision making
unless they have a health and welfare lasting
power of attorney,” said Sue.
Before your chosen attorneys can use the
powers, they must, first of all, be registered by
the Office of the Public Guardian (OPG).
“The OPG check the forms to ensure they
have been completed correctly and that the
procedural requirements to have them registered
have been complied with,” explains Sue.
“Assuming everything is in order, the OPG will
stamp the forms to confirm their registration and
return them to your solicitor. We, normally, then
lock the forms away in our strongroom for safekeeping until they need to be used.”
LPA’s can be set up relatively cheaply with
or without the help of a solicitor, but they are a
powerful and important legal document and you
may wish to seek advice from a legal adviser
with experience of preparing them for peace of
mind.
“Setting up an LPA does not mean that it
takes immediate effect and you can give your
Attorneys instructions to deal with your affairs in
a certain way,” says Sue. “For example, you can
state that your attorneys can only act for you if
you lose your mental capacity. Solicitors can
advise you on the instructions that are possible
and are permitted by the OPG.
“Some people are also concerned about
what safeguards there are. Firstly, you select
someone you know or someone you trust, like
a solicitor or GP, to be your certificate provider.
“Secondly, you can nominate someone you
know to be told about your lasting power of
attorney forms. If they have any concerns about
your chosen attorneys, they can contact the OPG
about their concerns before your forms are
registered.”
If your attorneys need to look after your
financial affairs your solicitor will send them
certified copies of your property and financial
affairs form for their use.
“Your attorneys will take or send a copy to
your bank, building society, pension provider, or
other financial institution with whom you are
affiliated,” explains Sue. “They will then be
registered on your accounts, pension policy, or
other financial assets, and your attorneys will
then be able to access and operate them on
your behalf.
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“If your attorneys need to make health and
welfare decisions for you, again, your solicitor
will provide them with certified copies of your
health and welfare form to be registered with
your GP or other health professionals involved
in your care.”
Sue Jull is a Private Client Executive and LPA
specialist at Boys & Maughan Solicitors which
has branches in Canterbury, Broadstairs,
Margate, Birchington and Ramsgate.
If you would like advice Sue can be contacted
by email at [email protected] or by
telephone at the firm’s Canterbury office on
01227 207000 or Broadstairs branch on
01843 868861.
www.boysandmaughan.co.uk