Power of Attorney

No, an executor of a Will is only responsible for managing your estate after your death, not while you are alive. If you lose mental capacity, only an attorney appointed under a Enduring/Lasting Power of Attorney or a Court of Protection Deputy can make decisions on your behalf. During your lifetime your executor would have the legal authority to act for you in these matters.

While an LPA is essential if you lose mental capacity, it can also be useful in other situations, such as when you are temporarily unable to manage your affairs due to illness or injury. Having an LPA in place means that your appointed attorney can step in and help you manage your finances or make health decisions, even if you are not permanently incapacitated.

Not necessarily. If you have an LPA, your appointed attorney has the legal authority to make decisions on your behalf, even if your next of kin disagrees. The LPA is a legal document that outlines who you want to make decisions for you, which may or may not be your next of kin.

Yes, you can make an LPA if you have dementia, as long as you still have the mental capacity to understand the decisions involved at the time the LPA is created. You should set up an LPA as early as possible after a diagnosis to ensure your wishes are documented.

Yes, one of the main purposes of an LPA is to remain in force if you lose mental capacity. This ensures that your appointed attorney can continue to make decisions on your behalf in line with your wishes, even if you cannot communicate or make those decisions yourself.

Yes, you can create separate LPAs for different aspects of your life. For example, you might appoint one attorney to handle your financial affairs and another to make decisions about your health and personal welfare. You can also specify different attorneys for different tasks within each LPA, depending on your needs and preferences.

Having a solicitor draft your LPA ensures the document is legally sound and tailored to your circumstances. A solicitor can help you understand the implications of the LPA, advise on the selection of attorneys, and ensure that your instructions and preferences are clearly documented and acceptable to the Office of the Public Guardian at the registration stage. This professional guidance helps avoid errors that could invalidate the LPA and provides peace of mind that your wishes will be respected.

The cost of an LPA includes both the legal fees for drafting the document and the registration fee charged by the Office of the Public Guardian. Legal fees can vary depending on the complexity of your situation and the solicitor you choose. It’s advisable to contact a solicitor for a detailed quote tailored to your needs. Additionally, some individuals may be eligible for a reduction or exemption from the OPG registration fee based on their financial circumstances.

Before the Mental Capacity Act 2005 was introduced, Enduring Powers of Attorney were prepared by individuals instead of Lasting Powers of Attorney.  EPAs only cover financial decisions.  The process of registering an EPA is different from registering a LPA.  Whilst EPAs cannot be prepared today, they can still be used and registered.