Page 11 - Insight Issue 1 _ 2018

There are two types of LPA. But what if you don’t?

1. Property and Financial Affairs LPA David warns, “nobody can see into the future
This enables your attorneys to make and anybody can become incapacitated at
decisions on your behalf about your anytime. If you leave it to chance and you
property and fnancial affairs at a time when fail to put in place an LPA and subsequently
you are no longer able or lack the mental become mentally incapable, your family will
capacity to take those decisions yourself. have no alternative but to make an application
This can include paying bills, collecting your to the Court of Protection for what is known
income and benefts or selling your house. as a Deputyship Order.”
A Property and Financial Affairs LPA can be
acted upon by your attorneys when you
have capacity and when you lack capacity. “It’s very expensive”

2. Health & Welfare LPA “There are a huge disadvantages in relying on
This allows the persons you have chosen as the Court of Protection route. First, any member
your attorneys to make decisions on your of your family can make such an application,
behalf about your personal welfare. For even a person whom you would not necessarily
example, decisions regarding what clothes wish to look after your affairs. Second, for the
you wear, what food you eat, what nursing most part, a Deputy under a Deputyship Order
home you go in to (if it comes to that). But needs the consent of the Court to deal with
most importantly you can include the power the affairs of an incapacitated person, and
for the attorneys to give or refuse consent third, an application for a Deputyship Order is
to life sustaining treatment. A Health and expensive, upwards of £1,500 with an annual
Welfare LPA can only be acted upon by your supervision fee depending on what level of
attorneys when you lack capacity. supervision the Deputy needs often amounting
to £320 year.”

“Anybody can make an LPA.” “If you make an LPA it is far less expensive than

an application for a Deputyship Order, normally
David continues, “Anybody can make an LPA a few hundred pounds and the attorneys are
providing they are over the age of 18 and have not controlled by the Court of Protection in
the necessary mental capacity to do so. Anyone dealing with your affairs.”
may be appointed as attorney providing the
Donor, the person making the LPA, trusts that David fnishes with some simple advice
person. Spouses usually appoint each other
together with their children again, providing “Act now, make an LPA for your
they are over the age of 18.”
own peace of mind, take control
“The advantage of appointing attorneys of things for yourself.”
under LPAs is that you are appointing the
persons of your choice to deal with your
affairs.” David says.

Insight Magazine of Merseyside Police Federation - Issue 1 of 2018 • www.merpolfed.org.uk 11

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