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LPA Kent

Tel : 07771 527810

Lasting Power of Attorney

Starting from £195.00

  • Paul has been one of our most trusted and customer focused business advisers and document specialists. He is a true professional.

    Tudor Price (Deputy CEO, Kent Invicta Chamber of Commerce)
  • Paul has been one of our most trusted and customer focused business advisers and document specialists. He is a true professional.

    Tudor Price (Deputy CEO, Kent Invicta Chamber of Commerce)
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Lasting Powers of Attorney (LPA) are important legal documents which allow you to choose people you trust to make decisions on your behalf if you become unable to do so in the future. Whilst frequently considered as part of retirement planning, it is a common misconception that these documents are only for the older population. This is simply not the case and here are ten reasons why you should consider making a Lasting Power of Attorney sooner rather than later in life.

1. Choice

You can choose people you trust to manage your affairs and to make decisions on your behalf, should you become unable to do so. You can choose who acts for you and how they make decisions.

2. Practicality

Did you know that a Property and Financial Affairs Power of Attorney can be created to come into effect straight away? This can be very useful as your Attorneys can act even while you have mental capacity, with your permission. It allows your Attorneys to keep your affairs in order should you be on holiday, physically unable to get out and about or if you have a temporary stay in hospital.

3. Legality

A Lasting Power of Attorney is a legal document which authorises your specified people to make decisions on your behalf. If you provide your bank cards to trusted friends or relatives, any permission you have given to them will be automatically revoked if you lose capacity in which case, they are technically committing fraud.

4. Protection

Lasting Powers of Attorney are regulated and supervised by the Office of the Public Guardian. They can investigate allegations of abuse or misuse of funds by an Attorney. This offers an additional level of protection and is much safer than simply handing over your bank card.

5. Control

It is important to note that you do not lose any control by making an LPA. Indeed, a properly drafted LPA can contain details of your wishes and instructions for your Attorneys to follow, allowing you to retain control even after incapacity.

6. Time

Lasting Powers of Attorney must be made while you are mentally able to do so. As soon as you lose the ability to understand the document, you will not be able to create one. Incapacity can occur at any time and this is not just a document to consider when planning for retirement. It is therefore important to make the document sooner rather than later- don’t leave it until it is too late!

7. Avoiding the alternative

If there is no LPA in place and incapacity occurs, relatives must pursue an application in the Court of Protection to gain access to finances. This is a costly and lengthy process, taking an average of 7-9 months. You also lose the choice as anybody could apply for permission to manage your affairs.

 

8. For Business

Did you know you can create a Lasting Power of Attorney which can be limited to dealing only with your business? This allows you to choose people to sign business documents on your behalf during your absence, whilst keeping these matters entirely separate from your personal affairs.

9. For Family

Lasting Powers of Attorney are invaluable documents. Putting these documents in place can make life much easier for your relatives at what is likely to be a difficult time. The Health and Welfare document will allow your Attorneys to make decisions about where you live.

10. For You – Peace of Mind

Lasting Powers of Attorney will last for the duration of your lifetime (unless revoked by you), giving your family security and the authority to deal with issues quickly should the worst case scenario present itself. You can find comfort in the knowledge that you have retained control of your life by appointing trustworthy people to continue acting on your wishes if you become unable to communicate them for yourself.

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A new service was launched in 2018 to enable bereaved families to report a death to major financial services providers in one go.

 

The Death Notification Service has been created to allow notification of a person's death to a number of banks and building societies (financial institutions) at the same time. The aim is to make the process quick and easy for you to inform them at a time that suits you.

You can view the financial institutions that are involved in this service here.

If a case is particularly complicated or time-sensitive (for example, if money or property needs to be released from the estate urgently), you should discuss it with the person’s bank or building society before using the service. There’s information in the FAQs about what you can do in this situation.

The Death Notification Service is a free system for financial organisations – it is a separate, independent service and is not linked to or a replacement for Tell Us Once which is a service where a death can be reported to most government organisations such as HMRC, the DVLA and the relevant council, all in one go.

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The Office of the Public Guardian (OPG) receives around 90,000 Lasting Power of Attorney (LPA) applications per month! Roughly around 15% of these have errors of various kinds and are returned for correction.

 WHAT ARE THE COMMON MISTAKES?

 1.      Forgetting individual names

Half way through the application you may forget the full names of individuals involved.You may even sign the form where someone else should have signed! It’s essential to have the documents checked over before sending the LPA documents for registration with the Office of the Public Guardian.

 2.       Using the wrong form 

As there are two types of Lasting Power of Attorney (Property & Financial and Health & Welfare), many people accidentally use the wrong one. Many people use the Health & Welfare form when they meant to use the Property & Financial form. Using an out of date version of the LPA forms or mixing both types of LPAs up are also common mistakes.

 3.      Life sustaining treatment

This page is treated very seriously by the Law, the Courts and doctors. If you want your Attorney to make Life-Sustaining Treatment decisions, we explain where you must sign. If you do not wish for your Attorneys to make this decision, we will show where you must sign.

 4.      Making an unlawful statement

If the OPG consider a part of the form to contain something unlawful, they have a statutory duty to seek guidance from the Court of Protection.

The common statements they apply to refuse to register are:

a.      Instructions to assist with suicide or criminal activity

b.      Instructions in a Property & Financial Lasting Power of Attorney that relate to Health & Welfare matters and vice versa

c.      Instructions to follow the decision of someone else who isn’t an attorney.

5.      Contradiction

A common mistake that can make any legal document unworkable is contradiction i.e. writing ‘Do A’ on page 1 and ‘Don’t do A’ on page 2. This commonly happens in appointment types, by:

a.      Appointing Joint & Several attorneys, then instructing them all to make decisions. You need to appoint Joint for some, Joint & Several for other decisions.

b.      Appointing Jointly, but saying later that one has a casting vote, they can decide by majority or have different powers.

6.      Missing pages

The OPG can’t register your Lasting Power of Attorney documents if pages are missing. We check the numbering for each document to ensure your LPA documents are accepted during registration.

7.      Signing the Document in the wrong order

The dating of the document must be in a certain order. It’s a criminal offence to make a false statement on a Lasting Power of Attorney application.

8.      Not enough signatures

For a document to be legally binding, it must be signed and witnessed. For LPA documents there are additional procedures. A Certificate Provider is needed and registering the document prior to use. If signatures or details (like a witness’s full name) are missing the document will be rejected during registration.

9.      Mistakes crossed out, using the phrase N/A in blank spaces or next to a question

Even if mistakes are made and initialled, any of the above could invalidate the registration 

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LPA KENT is a trading style of Nextlevel Mentoring Ltd.

Company No: 07515347

01233 840688

Copyright © 2011-2019

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