Saturday, April 4, 2009

A Document Under Which a Person Gives Legal Authority to One Or More Other Person(s)

A Lasting Power Iron Man movie Attorney is a document under which a person gives legal authority to one 1984 Fleer baseball cards more other person(s) to carry out matters on his or her behalf. Lasting Powers of Attorney replaced Enduring Powers of Attorney on 1 October 2007. An Enduring Power of Attorney granted before 1 October 2007 can still 1962 Topps baseball cards used and continues to be effective as if the law had Captain Action changed.

Lasting Powers of Attorney 2001 A Space Odyssey subject to the jurisdiction of the Court of Protection and the powers of the Office of the Public Guardian.

There are two types of LPA:

  • A personal health and welfare LPA.

This allows you to authorise someone to make health and welfare decisions for you; it can only be used if you do not have the necessary mental capacity to make your own decisions. If you want your attorney to be able to refuse or consent to medical treatment you must include suitable wording in the LPA. It will enable your attorney to make decisions about:

- where you live; - your day-to-day care; - making arrangements for medical treatment; - arranging for assessments, including community care; - your medical treatment, including consenting to or refusing treatment; - what social activities you get involved in; and - dealing with your correspondence.

If you make an advance directive or decision (a legally-binding document refusing some or all medical procedures, which is commonly known as a 'living will'), it will usually take priority over the LPA, so any interrelationship between the two must be given thought. You can also make an 'advance statement' setting out how you wish to be cared for in the future if you lose capacity. Such statements are, however, not legally binding, and should be used with caution now LPAs have been brought into existence.

  • A property and financial affairs LPA.

This allows your attorney to manage your financial and property affairs. Your attorney will be able to:

- assume control over all your property; - sell your home; - operate your bank account and deal with your savings and investments; - receive your income and pay your expenses; - claim benefits - do the sort of things you could do personally with your property and belongings; and - make the sort of customary gifts (e.g. Christmas and birthdays) that you would make to people related or connected to you (including an attorney) and to charities you support, but the value of any gift must be 'reasonable'.

Why is an LPA needed?

One could regard the LPA as an insurance policy against problems which may arise in the future. By planning ahead and making an LPA, you are able to give your instructions while you are of sound mind, in anticipation of the possibility of not being capable at some future date.

An LPA can be used before you lose mental capacity, but making one does not prevent you continuing to manage your own affairs.

How much does it cost?

The cost varies as there is no fixed fee. We recommend that you ask your solicitor how much they will charge you.

How do I go about it?

As an LPA is a legally binding document, IM Financial Solutions recommends that you consult a solicitor or other legally qualified person before making an LPA. The forms for LPAs are statutory - the contents and nature are laid down in legislation and statutory rules. This means that it is important that the forms are completed properly. The Office of the Public Guardian and the Court of Protection determine questions about the validity and interpretation of LPAs. Any application to these bodies (e.g. if a form is completed incorrectly) can involve significant expense.

Author: Mark A Taylor, Independent Financial Adviser, Visit Our Website at href="imsfa.co.uk/">imsfa.co.uk/

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