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Oakwood Solicitors
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Lasting Powers of
Attorney (LPA)

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    Testimonials

    Very helpful and efficient

    Katherine was very helpful and efficient from start to finish and all the documentation she sent through had clear instructions so that we could complete it easily.

    - Nicola

    Fast, friendly and efficient service!

    We have nothing but praise for Charlotte Bandawe who helped us with every detail (and a smile in her voice) along the way. A pleasure to deal with them!

    - Wayne Beasley

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    and experts in Wills and Probate matters.

    The experts in Lasting Powers of Attorney (LPA) matters

    We specialise in most areas related to Wills and Probate including will writing, trusts, inheritance tax planning, intestacy, power of attorney, and estate administration.

    As members of Solicitors for the Elderly, our solicitors are specialists in dealing with elderly client matters such as court of protection and cost of care advice. Whatever your need, we can assist. We operate from offices in Leeds but, help clients in all of England and Wales.

    What is a Lasting Power of Attorney?

    A Lasting Power of Attorney (LPA) is a document whereby an individual (known as the donor) over the age of eighteen who has capacity, can choose who they wish to appoint to help them manage their financial and property decisions or health and welfare decisions should they become mentally or physically incapacitated and unable to make these decisions themselves.

    The people who are appointed under the LPA are known as attorneys.

     

    There are two types of lasting Powers of Attorney:

    • Health and Welfare Matters
    • Property and Financial Affairs

    Why is it important?

    You can only make an LPA whilst you have the capacity to understand the nature and scope of the LPA. You must choose a person to provide a certificate to confirm that you are able to make an LPA.

    It is also important to discuss all these matters with family and friends, particularly those who you choose to appoint as your attorneys, whilst you are able to, so that your attorneys are well aware of your wishes in the event that you do lose capacity.

    If you do not have an LPA in place and lose mental capacity, an application must be made to the Court of Protection which is a much more costly and timely process.

    Why should I make a Lasting Power of Attorney?

    • You decide who deals with your financial affairs

    It is entirely your decision who you appoint to be your attorneys but, you must be satisfied that they are trustworthy and capable of handling your personal or financial affairs.

    • You provide guidance as to what you would like your attorneys to do on your behalf and provide details of where your assets are held

    You are able to include any “preferences” and “instructions” in either of the LPA’s you decide to make, to provide your attorneys with guidance.
    If you have included any instructions in your LPA’s then these MUST be followed by your attorney as these are binding.

    • Your financial affairs are not held “in limbo” if no one has the authority to assist you should you become incapacitated

    Your attorneys have the authority to speak on your behalf, this can be as simple as authorising utility bills to be addressed to another person.

    • It is sound business practice – your staff can get paid and your business can continue

    Your attorneys have the authority to manage your business accounts and make business decisions in your best interests and the best interests of the business.

    • It is more cost and time effective than the alternative option

    If you do not have a Lasting Power of Attorney and you do not have sufficient mental capacity to make a Lasting Power of Attorney, the alternative is to make an application to the Court of Protection to appoint a deputy to deal with your financial affairs.

    The Court makes the decision as to who is appointed as your deputy. This may not be who you would choose. This process will take significantly longer than making a Lasting Power of Attorney and will cost more.

    Frequently Asked Questions

    When can I make a LPA?

    An LPA can be made by anyone aged 18 or over, but to make a Lasting Power of Attorney you must have full mental capacity to give instructions.

    Who do appoint as an attorney?

    It is important to appoint people you trust and who will make decisions in your best interest.

    Who can act as a witness?

    Anyone who is aged 18 or over and is not named as an attorney can act as a witness.

    What is a certificate provider?

    A certificate provider is an independent person who must confirm that at the point you sign the LPA you understand the purpose of the LPA, and that you have not been forced or coerced into making the document.

    Who can act as the certificate provider?

    The certificate provider can be anyone who has known you personally for at least 2 years, or has relevant professional skills such as a solicitor or doctor.

    How much does it cost to make an LPA?

    In addition to your quoted legal fees, The Office of the Public Guardian registration fees are £82 per document.

    What LPA matters can we assist with?

    • Provide you with in-depth advice concerning your Lasting Powers of Attorney
    • Prepare your Lasting Powers of Attorney
    • Provide you with a certificate of understanding
    • Assess your entitlement to any reduction of the registration fee payable
    • Register your Lasting Powers of Attorney with the Office of the Public Guardian
    • Store your Lasting Powers of Attorney until they are required to be used (FREE of charge)
    • Provide guidance to your Attorneys once your Lasting Powers of Attorney are required to be used
    • Offer you a fixed fee for all work in relation to your Lasting Powers of Attorney
    • Offer additional services for new and existing attorneys

    Why should I choose Oakwood Solicitors Ltd?

    Oakwood Solicitors Ltd can assist you through this process and provide you with the necessary advice. Our team has gained an excellent reputation amongst local organisations and their client-base for delivering a personal and compassionate service.

    As a firm, we pride ourselves on having a high standard of customer service and making all our current and potential clients feel at ease when making any
    decisions regarding their future wishes.

    You will have a dedicated advisor who will work through the Lasting Powers of Attorney process with you from start to finish, assisting you in the event of any queries or issues you may have.

    Your advisor will also continue to provide regular updates until your application has been completed. We will ensure the process is as stress-free and effortless as possible.

    What do I do now?

    If you believe or feel you have a claim, contact us for a free initial consultation regarding your options:

    Charlotte Bandawe
    Charlotte Bandawe - Solicitors and Head of Department

    Charlotte Bandawe is our Head of Wills and Probate department, leading a team of two other colleagues. She is also our firm’s Dementia Champion, enabling her to train other staff in how best to understand and aid clients and carers living with dementia.

    Charlotte is also a member of Solicitors For the Elderly (SFE).

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