Take Control, Don't Lose Control - Make a Lasting Power of Attorney

Tuesday 17th November, 2009

Elizabeth Power

Lawyers around England and Wales are running a national ‘Make a Lasting Power of Attorney’ Campaign to encourage all people to plan ahead to avoid problems if they later lose mental capacity, by making a Lasting Power of Attorney (LPAs) on the new version of the forms, which came into force in October 2009. A Lasting Power of Attorney is a legal document that enables one person to make decisions on behalf of another.

There are 2 types of LPAs: Financial and Welfare. Financial LPAs enables a person to act on behalf of another if, for example they are ill or disabled and cannot act for themselves. A Welfare LPA enables a person to act on behalf of another if that person does not have the mental capacity to act for themselves, for example in the case of a severe stroke.

Without a LPA, it may be necessary for family members to apply to the Court of Protection for authority. This can be a distressing and lengthy process and is far more expensive than making an LPA. Once all parties have signed the LPAs, they must then be registered with the Office of the Public Guardian before they can be used.

Members of Solicitors for the Elderly (SFE), a national association of lawyers who specialise in advising older and vulnerable people, want to increase awareness of these documents and the benefits they bring.
 
People have been able to make LPAs since October 2007, but the documents have been long, complex and difficult to complete, with approximately 60% failing to be completed properly and are unusable. SFE worked with The Office of the Public Guardian, the organisation that registers the document, on new easier forms, using feedback from its members who work in this specialist area of the law.

Elizabeth Power of Paris Smith LLP 1 London Road, Southampton, Hampshire, SO15 2AE, a solicitor and a member of Solicitors for the Elderly, is actively encouraging all people to plan ahead and make Lasting Powers of Attorney. “LPAs are important documents and it is sensible to get advice about the choices you have. Like house insurance, it may never be needed, but if it is, you and your family will be glad you made LPAs with a specialist lawyer.”

People wishing to enquire further should contact Elizabeth Power of Paris Smith LLP on 02380482482

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