Posts tagged “Lasting Power of Attorney”

A recent survey showed that the average of age a person making a Will in the UK has risen to 57 in 2019. 
 
This is despite attempts to encourage younger generations to include a Will as part of their plan for life. 
Up to a million people could be owed refunds on their Lasting Power of Attorney (LPA) fees. 
 
Between 1 April 2013 and 31 March 2017, the Office of the Public Guardian (OPG) overcharged for LPA applications. 
 
A year ago the Ministry of Justice started to give refunds to people who had applied for LPAs between 2013 and 2017. 
 
Up to 1 February this year 194,713 claimants had received refunds of more than £12m. However, it’s estimated that 800,000 people could still be eligible to claim. 
There are two types of lasting power of attorney (LPA); one for your property and financial affairs, and one for your health and welfare. 
 
You can only put LPAs in place if you have capacity to appoint your attorney(s). 
 
If you haven’t put LPAs in place and lose capacity to make these decisions, then someone will need to apply to the Court of Protection for a deputyship order.  
 
This will allow them to manage your affairs, but you won’t be able to say who you want the Court to appoint. 
You won’t have the right to make decisions on your child’s behalf once he or she reaches the age of 18. 
 
If you are the parent of a child with a condition such as Asperger’s or Autism, for example, you will certainly be proud of all the things they can manage for themselves when they become an adult. However, there will probably also be things that they find very challenging, such as dealing with money or talking to medical professionals. 
If you are a business owner, making sure that someone can make decisions on your behalf could make the difference between your business continuing or failing. 
 
You can authorise someone to make decisions with a lasting power of attorney (LPA). This is important if you are abroad, have an accident and are unconscious or have a medical condition such as dementia, for example. 
 
You can give someone you trust authority to pay bills, sign cheques, manage a business loan and pay salaries. 
The latest report from the of the Office of the Public Guardian (OPG) says that, although things have improved, it still takes 34 days for your Lasting Power of Attorney (LPA) to be finalised. 
 
But that’s just the last part of the process. 
 
Before your LPA can become effective, there are several important steps you will need to take. 
Those of us currently leading active, healthy lives can look forward to living for many more years than earlier generations. 
 
However, the Alzheimer’s Society has recently published figures showing the number of people living with dementia will more than double in the coming decades, partly because we are all living longer. 
In June a couple succeeded in their legal bid to have civil partnerships recognised for heterosexual couples. 
 
The Supreme Court said the Civil Partnership Act, which currently applies only to same-sex couples, is incompatible with the European Convention on Human Rights. 
 
However, the judgement doesn’t mean that the government will have to change the law. 
When you’re heading into your later years, one concern that will probably persistently niggle at the back of your mind is the risk of dementia. 
 
Steps to prevent dementia 
In an ideal world we could all delay or avoid the onset of dementia entirely. 
 
There is now a new national plan for family doctors to assess your dementia risks as part of the NHS health check, which is offered to patients aged between 40 and 74. You will be asked about your current lifestyle and be advised about steps you can take to reduce your level of risk. 
 
 
 
 
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