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Lasting Powers of Attorney
Lasting Powers of Attorney ('LPA's') are still valid if you become mentally incapable of managing your affairs - they 'last'. You can make two kinds of LPA - to appoint attorneys to look after your financial and welfare decisions separately. This is a very important document – you need to consider your choice of attorney carefully and appoint someone that you trust, as they may be managing your affairs while you are unable to check on their actions
Dale and Co. Solicitors in Lincoln produce a free Guide to Lasting Powers of Attorney. Contact us to request a copy.
If an LPA has not been made and you become mentally incapable of making a formal decision at a certain time, the matter will be referred to the Court of Protection. The Court may then make the decision, or choose someone else (a 'deputy') to make the particular decision.
If the position of deputy is ongoing, that person will usually have to keep accounts, enter into a security bond, and report back to the Office of the Public Guardian. The Court of Protection and Office of the Public Guardian charge for these services.
Solicitors in Lincoln - Writing Wills, Trusts and Probate
- Writing Wills – including complex estates and issues regarding divorce, children and guardianship, Inheritance Tax planning, high value estates.
- Estate and Probate administration
- Lasting Powers of Attorney
- Registration of Enduring Powers of Attorney or Lasting Powers of Attorney
- Managing affairs for retired or disabled clients
- Court of Protection
- Trusts
- Variation of wills/estates of the deceased
Contact Dale and Co. Solicitors Lincoln to request a free Planning your Will or Lasting Powers of Attorney guide, or to book an appointment. Lasting Power of Attorney - Restrictions
If you do not replace any restrictions on your Lasting Power of Attorney, your attorney will be able to make decisions that you are able to make over your property and finances, if you are making a property and affairs power or over your health and welfare decisions if you are making a personal welfare power.
You may include legally binding restrictions or conditions on how your attorney should act for you. You do not need to include any and it is usually not advisable as it can prevent flexibility.
These could include preventing your attorney from making any gifts e.g. birthday presents, preventing your attorney from selling or dealing with your home, restricting where you live, restricting who you have contact with or who has contact with you.
Life sustaining treatment – you must choose in the personal welfare power whether you wish your attorney to be able to give or refuse life sustaining medical treatment which is based on the circumstances at the time and not the treatment. It does not authorise euthanasia.
Confused about Lasting Powers of Attorney?
Recent media coverage has left local people confused according to Lincoln Solicitor Richard Dale, who attends a weekly legal surgery at Age Concern.
Lasting Powers of Attorney have attracted a lot of attention and we have experienced a surge in enquiries. A Lasting Power of Attorney is a legal document that allows you to choose someone you trust to make decisions about things such as your health care or finances on your behalf at a time in the future when you may lack the mental capacity to make those decisions for yourself. The recent change from the Enduring Power of Attorney to the Lasting Power of Attorney has meant that some people are now feeling worried about whether they need to make a Lasting Power of Attorney, and if their existing Enduring powers are still valid. We are happy to help whether you have a quick question or need more detailed advice.&.' said Mr Dale.
Dale & Co. Solicitors has provided a free guide which is available from the office on Beaumont Fee or from Age Concern.
Lasting Powers of Attorney were introduced in 2007 and replaced the Enduring Powers of Attorney. The Lasting Powers have additional safeguards included to protect you from fraud which require a certificate provider and to register the document with the Office of the Public Guardian. Their are two different types - one for your finances (similar to those issues considered in the Enduring Power of Attorney) and one which includes your wishes for your personal welfare, such as medical treatment and care homes, which the Enduring Powers of Attorney did not set out.
If you have made an Enduring Power of Attorney it is still valid and will need to be registered if it becomes necessary for the Powers to be used. You can also make a Personal Welfare Lasting Powers of Attorney to run alongside your existing Enduring Powers of Attorney to cover those issues not included in your original document.
Contact Dale and Co. Solicitors to request your copy of our complimentary guide or to book an appointment.
Not just for the super rich, the demand for pre-nuptial agreements is growing and the contracts are becoming more common with younger professionals.
Considering a prenuptial agreement? Contact Dale and Co. Solicitors Lincoln Family Law Team
Pre-nuptial agreements are not currently binding in English law however, they can be of significant value and can be taken into account by the courts should there be a dispute during the course of a subsequent divorce.
In the case of Crossley v Crossley there was an appeal following the court refusing a wife full financial disclosure on the basis that a pre-nuptial agreement had been signed. This was a short childless marriage and the agreement had stated that neither party would bring any application for financial provision should their marriage break down. The appeal was dismissed. This judgment has added weight to the benefit of Pre-nuptial agreements, leading Susan Crossley to drop her claim to her husband's £45 million fortune.
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