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10:00, 28/11/2023
We cannot stress the importance of Lasting Powers of Attorney enough, as we are often instructed to prepare LPAs by clients who are unaware of what these documents are and have been directed to their solicitor by medical professionals.
Unfortunately, this is often at a time when a loved one has lost the necessary capacity to make an LPA due to the degenerative nature of a condition.
In the event that a person has lost the capacity to make an LPA, it is then necessary for us to discuss with the family the alternative which is to apply to the Court of Protection. This is a very time consuming and costly process which can often make an already very stressful situation even more stressful.
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 your understanding of the LPA document.
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.
An adult can prepare their LPA at any time, but if you decide to do so when you are younger, then you must take into account changes in circumstance over time and whether your chosen attorney(s) will be able to act on your behalf if you are unable to manage your own affairs in the future. These are all conversations that can be had with a Solicitor.
For more information read our easy-to-understand guide here, with answers to the most common questions we receive about LPAs.
Get in touch today for a no-obligation consultation. Choose one of the methods on the right-hand side of this page, or call us on 0113 200 9720 to find out how we can help you.
Meet the author
Charlotte Bandawe is our Head of Wills and Probate department, leading a team of three other colleagues. Charlotte is also a member of The Association of Lifetime Lawyers. View her Association For …
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