WITHOUT A PROPERTY & FINANCIAL AFFAIRS LPA

– The bank can freeze Carla’s joint bank account as Carla has lost capacity

– No one has access to bank accounts, in Carla’s sole name, to pay for expenses or any financial liabilities

– No one has authority to speak with any financial institutions on behalf of Carla

– No one has authority to speak with any utility companies to ensure the continuation of necessary utilities

– No one has authority to liaise with Local Authority and Department for Work and Pensions to ensure the correct benefits and financial provisions are in place (if required)

WITH A PROPERTY & FINANCIAL AFFAIRS LPA

– Carla’s Attorneys have access to the joint bank account and it will not be frozen

– Carla’s Attorneys have access to bank accounts to pay for expenses or any financial liabilities should it be required

– Carla’s Attorneys can liaise with banks and building societies if necessary

– Carla’s Attorneys can liaise with utility companies to ensure the bills are paid and that all utilities continue as required

– Carla’s Attorneys can liaise with Local Authority and Department for Work and Pensions to ensure the correct benefits and financial provisions are in place if required

WITHOUT A HEALTH & WELFARE LPA

– No one has the authority to make decisions in relation to Carla’s immediate care in hospital

– No one has the authority to make decisions in relation to Carla’s immediate health

– No one has the  authority to give direction as to Carla’s welfare requirements

– No one has the authority to liaise with Carla’s GP, Hospital staff or healthcare professionals

– No one has the authority to make decision in relation to Carla’s ongoing care

– No one has the authority to liaise with Local Authority in relation to Carla’s health and welfare issues

– No one has the authority to make decisions in relation to Carla’s interest in the family home and her husband is unable to make decisions alone

 

WITHOUT A HEALTH & WELFARE LPA

Unless stated otherwise this is only to be used once capacity is lost

– Carla’s Attorneys have authority to make decisions as to her immediate care in hospital (whilst she does not have the capacity to do so)

– Carla’s Attorneys have authority to make decisions in relation to her immediate health (whilst she does not have the capacity to do so)

– Carla’s Attorneys have authority to give direction in relation to her welfare (whilst she does not have the capacity to do so)

– Carla’s Attorneys have authority to make decisions as to her increasing care needs (whilst she does not have the capacity to do so)

– Carla’s Attorneys can liaise with GP, Doctors & Hospital in relation to healthcare (whilst she does not have the capacity to do so)

– Carla’s Attorneys can liaise with the Local Authority as to health and welfare matters (whilst she does not have the capacity to do so)

– Carla’s Attorneys have authority to make decisions in relation to Carla’s interest in the family home

Unfortunately, it cannot be assumed that your spouse/partner can just step up and make decisions when you are unable to. You can therefore see how important it is (and how much easier!) to have an LPA in place giving the people that you trust the control to make decisions for you when you are unable to.

 

From the initial call to the registered Lasting Powers of Attorney being delivered, the whole process (including home consultations to go through the Lasting Powers of Attorneys and any discussions with your proposed Attorneys) can be completed within three months. The Office of the Public Guardian (OPG) take around 8-10 weeks to process the application and so a three-month time period allows for the OPG to check and register the Lasting Power of Attorney and for us to receive this and deliver back to you ready for use.

 

When we deliver your Lasting Power of Attorney we will also give you information as to how the Lasting Power of Attorney can, and should, be used as well as answer any questions that you have.

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