West Dorset Magazine - September 2023

When you've got the power, you can make a difference

A Legal Power of Attorney (LPA) gives you the opportunity to legally appoint someone to make decisions on your behalf if you are unable to make them for yourself. There are two types of LPAs – one for Property & Financial Affairs, and one for Health & Welfare matters. Each allow you (the ‘donor’) to nominate trusted individuals (‘attorneys’), or a solicitor’s practice, who will have the authority to make decisions regarding the welfare, property, and finances on your behalf. ‘Attorneys’ do not need special legal knowledge or training and should be someone you know well. If you have lost mental capacity (the ability to make a specific decision at the time it needs to be made) and there are no LPAs in place, there will be no one to make appropriate decisions for your medical care or finances. An application to the Court of Protection will need to be made, including a fee.

Consider the obtaining of LPAs as an insurance against the unfortunate possibility of a loss of mental capacity in the future. Once made and registered, the LPA will be ready for use whenever it might be needed. Hopefully it will never need to be used, but if it is, you can be assured that decisions will be made by others whom you have chosen to act in your best interest. They also can avert potential issues for your loved ones. In the case of joint assets, for example, once a bank is aware that one party has lost mental capacity, the remaining party may be prevented from using the joint account until matters are sorted out legally. The way to avoid this is to make LPAs whilst you still have capacity. These will be registered at the Office of the Public Guardian, so it is easy for your attorney/s to make decisions on your behalf if a problem arises.

An LPA is invaluable and means the people you choose are in control. Where an LPA is drawn up by a professional on your behalf, there are fees to pay for this service, and there is also a fee to the Office of the Public Guardian (OPG) for registration currently £82 per LPA. OPG are particular about how the LPAs are prepared and can reject any application that does not meet their standards. We can deal with any difficulties on your behalf, and ensure the process goes smoothly.