Anne Caswell

Director & Solicitor

“A Lasting Power of Attorney is a very important and useful legal document. By acting now, you leave your family in a much better position to deal with your affairs if you can’t do so”

Director & Solicitor Anne Caswell digs deep into the importance of LPA’s & How We Can Assist.

Whilst most people know about the importance of making a Will, far fewer people think about what might happen if, one day, they are unable to make their own decisions.

People can lose mental capacity at any age. It’s not just due to conditions such as dementia. At Watson Ramsbottom we have seen how illness and accidents can rob people of their capacity. This means that they are suddenly unable to manage their finances, health and everyday affairs.

This is where a Lasting Power of Attorney (LPA) is invaluable.

An LPA allows you as the “donor” to appoint people you trust – known as Attorneys – to make decisions on your behalf if you can no longer make them yourself.

It’s not about losing control but about choosing who will act in your best interests when the time arises.

Having an LPA in place means you can set out instructions and preferences, and your affairs can be managed as you would want.

Please don’t think that if you’ve made a Will you’ve done enough. You haven’t. A Will appoints Executors who deal with your estate after you have died. Attorneys (who can be the same people as your Executors) deal with your affairs in your lifetime.

There are two types of LPA in England and Wales:

• Property and Financial Affairs LPA – covering bank accounts, bills, benefits, pensions, investments, and even selling your home if needed.

• Health and Welfare LPA – covering your living arrangements, medical care and life-sustaining treatment.

 You can choose to have one or both. They offer long-term protection and continue if you lose mental capacity.

It’s no good thinking “I don’t need one of those yet” or “I’ll do one later.” You must make an LPA when you still have mental capacity.

The other thing to remember is that LPAs must be registered with the Office of the Public Guardian before they can be used. We will do that for you.

What happens if you don’t have an LPA?

No one can deal with your affairs if you lose mental capacity. Not even your spouse or your child will be given information.

Without an LPA in place, your family (or in some cases the local Council) will have to apply to the Court of Protection to become your “Deputy.”  This process is lengthy and costly. It also means that your Deputy must report to the Court for the rest of your life.

let us help

We are experienced in making LPAs understandable. We guide you through the process from start to finish including:

• Explaining the different types of LPA and what’s right for you
• Helping you choose appropriate Attorneys
• Drafting documents that meet your wishes
• Registering the LPA with the Office of the Public Guardian so that it can be used whenever needed.