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SUMMARY ON LASTING POWER OF ATTORNEY (LPA)
We have set out the key points below.
- Without both documents you might not receive the care you would like and your monies and assets might be not be controlled by the people you would prefer (family and/or trusted friends)
- Banks can and do ‘restrict/freeze’ bank accounts, even between spouses.
- We can be placed in care a long way from our ‘roots’ and families.
- An Enduring Power of Attorney (pre September 2007) can still be registered but remember :-
- It is not registered – this can only happen when you lose your capacity and by your attorneys. It cannot be registered in advance like an LPA.
The process involves complicated paperwork for your attorneys.
- It cannot be altered in any way. If it’s not now correct it must be replaced with LPA
- It contains very little, if any, instruction from you or an indication of your preferences.
- IT DOES NOT COVER ANY HEALTH & WELFARE ISSUES.
Many clients now replace it with LPA
- Obtaining a Deputy order from the court is a last resort only if an LPA has not been registered.
- It usually costs thousands of pounds and can take up to a year.
- It might not be granted to the applicant, resulting in an expensive professional deputy being appointed. Your family would then have no control over your affairs.
- It has to be renewed every year with costs.
- Decisions are often restricted by the court.
- IT USUALLY DOES NOT COVER HEALTH & WELFARE ISSUES.
AGE UK recommend clients to us, a main reason being that our objective is to ‘make this affordable for more people’, whilst as specialists (it’s all we do) you get our experience of working for thousands of clients. Age UK checked with a large number of our clients and made sure our Professional Indemnity Insurance is to their high standards.
If you want further advice we are happy to visit or talk to you, no obligation and no charge, to discuss your personal requirements.
Contact nos. 01245 699650 0845 057 3286 0800 1957522
email : info@lpamadesimple.co.uk
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WHY ENDURING POWER OF ATTORNEY (EPA) SHOULD BE REPLACED
- IT IS NOT REGISTERED – this can only happen when you lose your capacity and is undertaken by your attorneys. It cannot be registered in advance like an LPA.
(As stated in clause 7 on the front page of the EPA)
The registration will take a minimum of 10-12 weeks, during which time your attorneys cannot legally act.
- Registration is undertaken by your attorney(s) on your behalf.
- The registration process is much more complicated than LPA.
- Separate 7 page application form.
- Formal notification to often a long list of family members.
` THEY CAN ALL OBJECT
- Formal notification to the DONOR – if this is seen as disturbing/upsetting to the Donor, application must be made direct to the Court of Protection for special dispensation. There is an extra court fee.
- 20 – 30 weeks is not unusual and often a stressful time for your attorneys.
- The Documents cannot be altered/amended/changed in ANY WAY.(Very possibly needed as the EPAs were drawn up pre October 2007.)
- There are rarely any instructions/preferences. This is the opportunity for the DONOR to highlight issues that are important to them.
- IT DOES NOT COVER ANY HEALTH & WELFARE DECISIONS