Why are they important?
Who could I appoint?
What are the different types of LPA?
There are 2 different types of LPA: An LPA Financial Decisions enables you to choose who can make financial decisions for you and an LPA Health and Care Decisions enables you to choose who can make decisions about where you should live and medical treatments. You can also put in place a separate LPA Financial Decisions in respect of your business interests.
What can my attorneys do?
|Actions||LPA PA||LPA PA Business||LPA HW|
|Deal with bank accounts||✔||✔|
|Deal with bills||✔||✔|
|Deal with making investments||✔||✔|
|Receive state benefits on your behalf||✔|
|Sell your home should the need arise||✔|
|Discuss medical issues with doctors||✔|
|Make decisions about healthcare||✔|
|Make decisions about life sustaining treatment||✔|
|Make decisions about what you eat||✔|
|Decide on where you should live||✔|
Business Financial LPAs
Certain business activities would cease. For example, if a bank account signatory lacks capacity the bank can freeze the account to protect the vulnerable adult. This would have a dramatic impact on the business and staff especially if the account held funds to pay employees. Also, contracts entered into by a person who had capacity but subsequently loses it may become unenforceable because of their incapacity.
In some cases, you may also have a personal financial LPA but it is likely that the attorneys you appoint are family members who may not have the knowledge neccesary to run your business or have sufficient bussiness knowledge. In addition, bank accounts may be in the name of the company and not capable of being operated by an attoney appointed persuant to a personal financial LPA. This raises potentially serious issues for the continuation of the business. In such cases a personal financial LPA and a business financial need to be made.
Appointing an attorney for business matters is like taking out another insurance policy for your business continuity. It goes a long way to ensure that the business can continue to run smoothly and that someone you trust isgoing to take care of it and has the necessary skills.
When are LPAs registered?
Is there a court fee?
What do I do next?
Simply call us to arrange an appointment and we will visit you at home to discuss your situation. We will take your instructions if you want us to prepare the documents for you. Once they have been drafted we would bring them to you for signing and witnessing. We would complete the registration documents and submit the forms to the Office of the Public Guardian. It will take the court approximately 6-10 weeks to process the forms. Once the court has completed the registration, the LPA(s) will be returned to you for safekeeping.