Posted 8th October 2012

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Frequently Asked Questions

 

If I have made a Will and appointed an Executor, do I need to consider making a Lasting Power of Attorney (LPA)?

Yes. An LPA is entirely separate from your Will which only takes effect when you die. An LPA is a legal document that allows somebody else “your Attorney” to make decisions on your behalf when you lack mental capacity to make decisions yourself.

 

When should I consider making an LPA?

It is advisable to plan well in advance and to choose the right people to make decisions on your behalf if you lose mental capacity. Lack of mental capacity can arise from any number of situations, such as dementia, a stroke or a head injury following an accident at any age.

 

If I lose mental capacity, is it too late to enter into an LPA?

Yes. You can only appoint a chosen Attorney under an LPA when you have mental capacity to understand fully the purpose of the LPA and the scope of the authority conferred under it. If you have not completed an LPA, somebody will need to apply to the Court of Protection to be able to make decisions on your behalf. This can be costly and stressful for relatives and friends, as a result of the period of uncertainty.

 

If I have completed an LPA and lose mental capacity, can this be used immediately by my chosen Attorney?

It can only be used immediately to enable your Attorney to make decisions if it has been registered. It is therefore advisable to register your LPA at an early stage. Furthermore, if the application to register is postponed until you lose mental capacity and the LPA is then rejected by the Office of the Public Guardian because of an error, it will be too late to make another one.

For more info contact Robert Stewart on 01423 789 053 or robstewart@newtons.co.uk

 

This article is for general information only. No responsibility can be accepted by Newtons Solicitors for any loss suffered by anyone acting or refraining from action as a result of anything on this website. We recommend you take independent legal advice in relation to any particular personal circumstances.

Frequently Asked Questions

 

If I have made a Will and appointed an Executor, do I need to consider making a Lasting Power of Attorney (LPA)?

Yes. An LPA is entirely separate from your Will which only takes effect when you die. An LPA is a legal document that allows somebody else “your Attorney” to make decisions on your behalf when you lack mental capacity to make decisions yourself.

 

When should I consider making an LPA?

It is advisable to plan well in advance and to choose the right people to make decisions on your behalf if you lose mental capacity. Lack of mental capacity can arise from any number of situations, such as dementia, a stroke or a head injury following an accident at any age.

 

If I lose mental capacity, is it too late to enter into an LPA?

Yes. You can only appoint a chosen Attorney under an LPA when you have mental capacity to understand fully the purpose of the LPA and the scope of the authority conferred under it. If you have not completed an LPA, somebody will need to apply to the Court of Protection to be able to make decisions on your behalf. This can be costly and stressful for relatives and friends, as a result of the period of uncertainty.

 

If I have completed an LPA and lose mental capacity, can this be used immediately by my chosen Attorney?

It can only be used immediately to enable your Attorney to make decisions if it has been registered. It is therefore advisable to register your LPA at an early stage. Furthermore, if the application to register is postponed until you lose mental capacity and the LPA is then rejected by the Office of the Public Guardian because of an error, it will be too late to make another one.

For more info contact Robert Stewart on 01423 789 053 or robstewart@newtons.co.uk

 

This article is for general information only. No responsibility can be accepted by Newtons Solicitors for any loss suffered by anyone acting or refraining from action as a result of anything on this website. We recommend you take independent legal advice in relation to any particular personal circumstances.