Lasting Power of Attorney form completion and registration service – helping you to stay in control of your future

Do you know that your next of kin does not automatically have a legal right or entitlement to deal with your affairs if you become incapacitated?  If you appoint an Attorney via a Lasting Power of Attorney this allows them to deal with your affairs with legal authority. South Lakeland Carers now offers a Lasting Powers of Attorney form completion and registration service to help you in this regard.

It can be reassuring to know that your wishes for your future regarding your health and welfare and finances are in place, whatever your stage of life.  Having a registered Lasting Power of Attorney in place does not mean that you are unable to make your own decisions but, should you not be able to, you can be assured that your decisions and wishes will be respected and legally acted on by your Attorney/s. Any of us could become incapacitated at any time due to illness, accident or health emergency or developing dementia for example. South Lakeland Carers support and guide people through the complex setting up and registration process.

What is a Lasting Power of Attorney?

A legal document that gives authority for a person/s of your choice to take responsibility for your affairs and act on your behalf if you become incapacitated and are no longer able to manage your own affairs on a permanent or temporary basis.  An LPA can only be set up for a person who has capacity (the ‘donor’) and can provide reassurance that someone you know and trust will act on your behalf.  An LPA must be written in a prescribed format and be registered with the Office of the Public Guardian.

There are two types of LPA – Property & Financial Affairs and Health & Welfare

A Property and Financial Affairs LPA allows Attorneys to deal with bank accounts, pension providers, utility providers and to be involved in a sale of a property, transfer of monies and instructing solicitors.  This LPA may be activated as soon as it is registered if you choose this option which can be helpful for those who wish their attorneys to help them with financial matters whilst they still have capacity.

A Health & Welfare LPA only becomes effective when a person has lost mental capacity and allows Attorneys to make decisions regarding a donor’s healthcare, daily routine regarding aspects of healthcare and be involved in discussions regarding nursing homes provision.  This LPA also enables Attorneys to have the power to consent to, or refuse, life sustaining treatment on behalf of an individual.

What happens if you don’t have a Lasting Power of Attorney?

Once a person loses capacity it is too late to set up a Lasting Power of Attorney.  Your loved ones have to apply to the Court of Protection so that a deputy can be appointed.  This means that the decision making authority is handed over by a Court rather than an individual.  This can be a complex and expensive process and is more restrictive than an LPA.

What does the South Lakeland Carers service cover?

  • A ‘no obligation’ form completion and registration service (we cannot offer legal advice).
  • We provide guidance regarding completion of the Office of Public Guardian forms and respond to any queries you may have regarding the process.
  • We offer home visit to clients who appreciate being able to discuss their requirements in their own home (a home visit charge is made for this service).
  • We complete the documentation on behalf of the donor (person who requires the LPA).
  • We check if the donor may be eligible for exemption or remission of the Office of the Public Guardian fees and complete the paperwork in this regard, subject to OPG criteria.
  • We check all the documentation prior to registration.
  • We register the paperwork with the Office of Public Guardian on behalf of the donor (when the LPA has been registered it is a legally binding document).
  • We respond to any queries raised by the Office of the Public Guardian
  • We provide post-registration information and can assist you if certified copies are required.

How much does it cost?

£150 per LPA; however we have a range of services and pricing flexibility in place to support your specific requirements, such as home visit appointments. The Office of the Public Guardian requires a registration fee of £82 per LPA.  You may be eligible for an exemption or reduction of this fee dependent upon your financial circumstances or income.  We will look at this for you as part of our service.

Who can set up a Lasting Power of Attorney?

Anyone over 18 years of age who has mental capacity.  Lasting Power of Attorney applications can be undertaken independently.  Information is available at the Office of the Public Guardian.

We continually strive to provide support to our carers of all ages and the fees that we receive from this service will enable us to continue to improve and enhance the valuable services that we provide to carers of all ages.

Please call the SLC office and ask to speak to a member of the LPA team (01539 815970) for more information or a chat or email your enquiry to lpateam@slcarers.org.uk

LPA LEAFLET JANUARY 2018