You may need someone to make decisions for you in the future. It could be in a temporary situation such as if you are abroad or in hospital and need help with everyday things such as making sure bills are paid. Or you may need to make more long-term plans if you have been diagnosed with a mental illness such as dementia or Alzheimer’s disease.
Without an LPA, your family friends cannot make any financial/property or health/welfare decisions for you.
Why have a Lasting Power of Attorney (LPA)?
The LPA gives someone you trust full access to make decisions on your behalf if you’re unable to in the future.
- Anyone at any age can suffer a stroke/head injury, which can have devastating consequences and result in temporary or permanent loss of capacity.
- If you have been diagnosed with a mental health problem, or other disease, which leads to mental incapacity, such as Alzheimer’s or dementia, your attorney can make decisions for you.
- You will have peace of mind that in the event of loss of capacity or serious illness, your financial and welfare interests will be looked after properly.
TYPES OF LPA
There are two different types of Lasting Power of Attorney:
- Property and finance
- Personal health and welfare
Lasting Power of Attorney for Property & Financial Affairs
This gives authority to make decisions about things like:
- buying or selling property
- bank, building society, investments, savings and other financial affairs
- welfare benefits
- tax affairs
- legal proceedings
A property and financial affairs LPA must be registered before it can be used. You don’t have to wait until someone loses their mental capacity before using it. Once registered, the attorney can start making decisions about your property and financial affairs straight away, even if you are still capable of making your own decisions. If you don’t want the attorney to be able to make decisions about your affairs straight away, you should make sure that the LPA says this.
Lasting Power of Attorney for Health & Welfare
This gives authority to deal with, and make decisions about, things like:
- where you live
- your day-to-day care, including what you wear and what you eat
- your healthcare treatment
- what contact, if any, you should have with other people
- access to your personal information
You can make a health and welfare LPA which deals with all aspects of your personal welfare, or only certain things.
We charge a very competitive fixed fee of £400, plus VAT, plus court registration fee of £82 for each Power of Attorney. Or, £775, plus VAT, plus court registration fees of £164, if both Finance and Welfare powers are prepared at the same time.
If you don’t have an LPA?
If a donor does not have the mental capacity to make the LPA it may be necessary for the Court of Protection to become involved. This is likely to cause delays in dealing with your affairs and it is very costly.
Authorised and Regulated by the Solicitors Regulation Authority: SRA Number 518688 SC Law is a trading name of SC Law Solicitors Limited. Registered in England and Wales.
Company number 06860473.
We want to give you the best possible service. However, if at any point you become concerned about the service we have provided, then you should inform us immediately, so that we can do our best to resolve the issue.
We will acknowledge your complaint within 2 working days and investigate straightforward matters within 7 working days. If we consider that it may take longer than 7 working days to investigate, we will advise you of the likely timescales of when you can expect our final assessment.
In the first instance it may be helpful to contact the person who is working on your case to discuss your concerns and we will do our best to resolve any issues. If you are still not satisfied you should address your concerns directly to the Principal Saffora Choudri or Ian-Austen Jones, who is another senior solicitor at the firm. The Solicitors Regulation Authority (SRA) require that a client gives us 8 weeks in which to deal with the complaint.
Making a complaint will not affect how we handle your case. Your complaint will be investigated fully and fairly by someone independent, such as another senior lawyer not related to the case, who will offer a suitable solution where possible.
What to do if we cannot resolve your complaint:
In the first instance please let us know if you are willing for an independent law firm or the local Law Society Group to review your complaint.
Alternatively, the Legal Ombudsman can help you if we are unable to resolve your complaint ourselves. They will look at your complaint independently and it will not affect how we handle your case.
Before accepting a complaint for investigation, the Legal Ombudsman will check that you have tried to resolve your complaint with us first. If you have, then you must take your complaint to the Legal Ombudsman:
• Within six months of receiving a final response to your complaint; and
• No more than six years from the date of the act/omission; or
• No more than three years from when you should reasonably have known there was cause for complaint.
If you would like more information about the Legal Ombudsman, please contact them directly, using the contact information below:
If you are unhappy with our behaviour:
The SRA can help if you are concerned about our behaviour. This could be for things like dishonesty, taking or losing your money or treating you unfairly because of your age, a disability or other characteristic.
Visit their website to see how you can raise your concerns with the Solicitors Regulation Authority.