Martin Smalley Solicitors Arnold, Nottingham - wills, probate, LPA's, conveyancing, matrimonial, child care, criminal law, employment, public funding

LASTING POWERS OF ATTORNEY (LPA)

Very often we are asked to advise in circumstances where someone has suffered an illness, which has left them incapable of dealing with their affairs. It is usually a family member or close friend that takes on the responsibility of looking after the affairs of the person who is ill or incapacitated. Difficulties can be experienced in dealing with the operation of their bank accounts, pension and the payment of certain liabilities e.g. nursing home fees. It is often necessary to use that person's pension, capital etc to pay their household bills including the rent, mortgage, utilities, food and more likely their care fees if they are in residential or nursing care. On many occasions we are asked to intervene when it is too late to prepare an LPA, yet the majority of these problems can be avoided by that person appointing someone they trust as their Attorney.

By planning ahead, you can grant an LPA whilst you are of sound mind just in case the need arises. It could be viewed a little like an insurance policy. If it is not needed, all the better. If it is needed the Attorney will deal with your affairs at the point when you are no longer capable. Without an LPA the only alternative is Deputyship, a more expensive and complicated route which can be avoided by planning ahead (see later).

The LPA has two parts to it, but each is completely separate:

The first deals with your financial affairs to handle your property, bank accounts and other assets and includes paying your bills and dealing with your income and any state benefits e.g.pension.
The second part of the LPA deals with your personal welfare. It allows you to plan for your future yourself, to have a say in most welfare matters after you have lost mental capacity.

Why make an LPA?

You can:

Have a say in your own medical treatment, to give or refuse life sustaining treatments. We can give you advice and guidance on these important issues.
Decide where you live and whether or not you go into care, but if that's unavoidable you can give guidance to your attorney about your preferred care plan.
Restrict your LPA - you may for example only want your Attorney to decide on your social care - not healthcare.

If the worst happens and you are no longer able to cope with your affairs you will have peace of mind that the Attorney(s) you have appointed will be able to act for you in accordance with your specified wishes, acting at all times in your best interests.

We can provide you with a fixed fee quotation for making a Will and LPA and if you have both documents prepared you will receive a discount on the standard fees for an LPA.

Deputyship

Whilst the preferred option is to make an LPA, for those that have unfortunately lost capacity or are incapable of making an LPA, but are in need of someone to deal with their financial affairs, an application has to be made to the Office of the Public Guardian, who will appoint a Deputy to deal with their affairs. At Martin Smalley & Co we are more than happy to assist and talk you through the detailed provisions which are now in place and to make the application to the Court of Protection on your behalf.

Deanne Taylor, Partner
email: deanne.taylor@martinsmalley.co.uk tel:0115 9556555

Tanveer Moughal, Solicitor
email: tanveer.moughal@martinsmalley.co.uk tel:0115 9660520

Marcia Petcher, Paralegal
email: marcia.petcher@martinsmalley.co.uk tel: 0115 9660507

Lynne Parker, Legal Assistant
email: lynne.parker@martinsmalley.co.uk tel: 01159660509