ALL THE LATEST NEWS, VIEWS AND STORIES FROM AROUND YOUR LOCAL AREA:JUNE/JULY Making a Lasting Power
of Attorney? We are often asked: Why Should I make a Lasting Power of Attorney?
The short answer is that if you care about keeping your welfare and your finances safe whilst you are alive you should make a Financial Lasting Power of Attorney (LPA) and/or a Welfare LPA.
There are two types of LPA available.
A Financial LPA would be invaluable if you were to lose the mental capacity to deal with your own financial affairs. The preparation of a financial LPA protects your assets by authorising somebody chosen by you to deal with your affairs on your behalf, whilst you are alive.
If you do not have a financial LPA and you become unable to manage your finances, then it is most likely there will need to be an application to the Court of Protection to have somebody formally appointed as your Deputy. This will mean that;
• It is unlikely that you will have control over who the court appoints as your Deputy.
• Your Deputy may be a Court official or a representative of social services who is likely to
charge every time they act. • It will be time consuming and expensive.
• No one will be able to access your finances until the court has made the Deputy Order.
Once you have lost your mental capacity you cannot enter into a LPA, it is therefore vital to put this document in place while you are able.
A financial LPA can also be used by your chosen Attorneys whilst you retain capacity as such it can be vital to those who are physically unable to deal with their financial affairs.
A Welfare LPA allows you to appoint one or more Attorneys to make decisions on your behalf about your personal welfare. This could include such issues as whether to give or refuse consent to medical treatment and deciding where you should live.
If you have already made an LPA and it was registered between 1 April 2013 and 31 March 2017 you may be entitled to a refund.
If you would like to discuss entering into a
Financial Lasting Power of Attorney (LPA) and/or a Welfare LPA or whether you can claim a refund on registration fees, please contact our offices for an
appointment with our specialist team.
Lucy Fuggle Director
WWW.THECOCKERMOUTHPOST.CO.UK
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Milburns Solicitors
3-5 Main Street, Cockermouth CA13 9LE 01900 898010
cockermouth@milburnssolicitors.co.uk Other local offices:
Workington, Whitehaven and Maryport
www.milburnssolicitors.co.uk ISSUE 426 | 23 JUNE 2018 | 19
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