Case Study - Making Both Types of Lasting Power of Attorney
02 March 2016
Mr J is in his mid-70s and lives on his own. Unfortunately his mobility is not as good as it used to be so he doesn't get out as much as he used to.
Mr J asked his daughter to go to the bank for him to withdraw some money from his account, but the bank refused her access to his money and said her father would need to have a Lasting Power of Attorney (LPA) in place giving her the legal authority to deal with his financial affairs.
When Mr J found out about the difficulty his daughter faced he contacted Co-op Legal Services for advice.
How We Helped
When Mr J called us, one of our Lasting Power of Attorney Advisors listened to his situation and then explained that there are two types of Lasting Power of Attorney available in England and Wales:
- A Lasting Power of Attorney for your Property and Financial Affairs
- A Lasting Power of Attorney for your Health and Welfare
The Lasting Power of Attorney for his Property and Financial Affairs would allow his daughter to legally access his bank accounts and deal with any of his financial affairs on his behalf, including selling his property if that becomes necessary. He could make this Lasting Power of Attorney now and once it is registered with the Office of the Public Guardian (OPG), his daughter would have immediate legal authority to act for him in this capacity.
A Health and Welfare Lasting Power of Attorney would allow his daughter to make decisions about the type of treatment he would receive and his care and welfare on his behalf in the future if he lacked the capacity to make those decision himself. Mr J could make this Lasting Power of Attorney now and it could be used only if it was required in the future.
Mr J was provided a written fixed fee quote for making both types of Lasting Power of Attorney as well confirmation of the Office of the Public Guardian (OPG) registration fees. He then booked a telephone appointment with one of our Lasting Power of Attorney specialists.
On the agreed date, Mr J completed his appointment with our LPA specialist and we drafted his necessary paperwork, including the LPAs themselves, and sent them to him so he could arrange for them to be signed and witnessed.
Once all the parties had signed, Mr J sent the documentation back to us, along with the OPG registration fee and we made the application to the Office of Public Guardian (OPG) to register and activate these Lasting Power of Attorney's.
Mr J did discuss the option of just making the LPAs but not activating them, however once he was advised that there could be a 13 week (over three months) delay to activate the LPAs, he decided that it was better to go ahead and have them registered as soon as possible.
Mr J was grateful that he could put both of his Lasting Power of Attorney's in place without leaving the comfort of his own home, and he now feels happy that his daughter has the ability to make decisions for him, whatever the circumstances, if he needs assistance.
If you would like to make a Lasting Power of Attorney or discuss your options, please call Co-op Legal Services on 03306069591 or contact us online and we will help you.