We’ve been writ­ing Wills for over 100 years and have plen­ty of clients young and old. Unfor­tu­nate­ly, some of these peo­ple can find them­selves with less fam­i­ly or friends near­by than they once had. We offer a full care ser­vice if you find your­self in a posi­tion where you no longer have the men­tal capac­i­ty to han­dle your own finances

Grant­i­ng some­one a Last­ing Pow­er of Attor­ney is a big deci­sion, but with reports sug­gest­ing 1 mil­lion peo­ple will suf­fer from demen­tia by 2025 it is one that should be made ear­ly. Los­ing our mem­o­ry or abil­i­ty to make deci­sions is hard to think about but should be planned for in case you suf­fer a seri­ous acci­dent or demen­tia. If you haven’t des­ig­nat­ed some­one as Attor­ney, then they will have to apply to be for­mal­ly appoint­ed through the Court of Pro­tec­tion – a very lengthy and cost­ly process.

When you’re choos­ing who should receive Pow­er of Attor­ney, it’s impor­tant that you both under­stand what this actu­al­ly entails.

What is a Last­ing Pow­er of Attorney?

Last­ing Pow­er of Attor­ney (LPA) is a legal doc­u­ment that is drawn up to nom­i­nate a trust­ed friend, rel­a­tive or pro­fes­sion­al to man­age your finances and prop­er­ties when you are no longer men­tal­ly capa­ble to do so yourself.

Once the donor (you) is no longer able to make deci­sions on their own, the appoint­ed attor­neys can act on their behalf to pay any bills and man­age invest­ments, among oth­er things.

When can Last­ing Pow­ers of Attor­ney be used?

An LPA usu­al­ly only comes into play if the per­sons’ men­tal capac­i­ty ren­ders them inca­pable of man­ag­ing on their own. The legal cri­te­ria for lack­ing men­tal capac­i­ty are if a per­son cannot:

  • o Under­stand infor­ma­tion giv­en to them in regards to deci­sion making.
  • o Remem­ber infor­ma­tion long enough to be able to make a decision.
  • o Use or weigh up the infor­ma­tion to make a decision.
  • o Tell oth­ers of their decision.

This deci­sion is made by a cer­tifi­cate provider’ who can either be some­one who has known the per­son for over 2 years, or a per­son that has spe­cif­ic exper­tise in this area e.g. a Doc­tor or a Solic­i­tor. The Pow­er of Attor­ney can be used if the per­son falls into a coma, as they can no longer make their own deci­sions. If the per­son recov­ers and can be respon­si­ble for their own deci­sions, then Pow­ers of Attor­ney are withdrawn.

We under­stand that an LPA can be tough to deal with, which is why we offer to look after a per­sons’ finan­cial affairs. We give you peace of mind by ensur­ing the cor­rect invest­ments are made, the bank accounts are man­aged and organ­ise the pay­ment of care fees and income tax.

To arrange a dis­cus­sion about a new or exist­ing LPA, please get in touch with Paul Clark on 01625 523988 or mail@​JBGass.​com