Why everyone should have a Lasting Power of Attorney

We ask all our clients when coming to us to make their Wills, ‘have you heard of a Lasting Power of Attorney?’ the most common answer is ‘no’ or ‘yes, but I thought they were just for the elderly?’

A Lasting Power of Attorney is a document you create in lifetime to appoint someone you trust to deal with your affairs should you no longer be able to do so.

Not many people are aware that there are two different documents, one which deals with your property and finance i.e. your bank accounts, paying bills and selling property on your behalf and the other deals with your health and welfare i.e. social aspects of your life including where you live and medical treatment.

Common misconceptions:

I am not old enough to create a Lasting Power of Attorney

Legally you can create a Lasting Power of Attorney as soon as you turn 18. Loosing mental capacity is often associated with having dementia, but a serious accident or illness at any age could leave you without the ability to manage your own affairs.

My family will be able to deal with my affairs if anything happens to me

No one has legal authority to access anyone else finances. An application to the Court is required when there is no Lasting Power of Attorney in place and this can cost in upwards of £2000 and take more than a year to complete. This clearly adds to the stress of the situation for family members at an already difficult time. For example your bank accounts could be frozen, even those held jointly with another person.

Your decisions upon care or your end-of-life choices may not be honoured and although healthcare professionals may take into account what your family say, they will not have the authority to make the decisions in relation to these matters.

Creating a Lasting Power of Attorney is too expensive

It doesn’t have to be.

We offer a number of fixed price packages, starting with a ‘check and send’ service where you complete the information required, but benefit from peace of mind that a legal professional has reviewed all the paperwork before the documents are officially registered.

Alternatively we can can guide you through the full process, discussing the options involved, completing the documents required and then registering them on your behalf.

Book a no obligation telephone appointment to find out more about creating a Lasting Power of Attorney for either yourself or a family member on 01282 695400 or email info@farnworthrose.co.uk

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Back to basics under the Landlord & Tenant Act 1954

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Lockdown 2021 rules on buying, selling and moving home