Below we have a quick look at the situation if Frank does not have the above LPAs in place and then, where both a Property & Financial Affairs LPA and Health & Welfare LPA have been put in place appointing his wife and child as Attorneys.

 

WITHOUT A PROPERTY & FINANCIAL AFFAIRS LPA

– Joint account may be frozen (leaving Frank’s wife without access!) if  Frank loses capacity

– No one has authority to access bank accounts in Frank’s sole name  to pay for expenses such as:

   – grocery shopping

   – utilities & amenities

   – care costs

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

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

– No one has authority to deal with the property on Frank’s behalf making any decision regarding selling the property and moving Frank into more appropriate accommodation, for his care needs, difficult

– No one has authority to speak with the Local Authority or the              Department for Work and Pensions on behalf of Frank to ensure the  correct benefits and financial provisions are in place.

WITH A PROPERTY & FINANCIAL AFFAIRS LPA

– Frank’s wife will continue to have access to, and use of, the joint bank account

– Attorneys have access to bank accounts in Frank’s sole name to pay for expenses such as:

   – grocery shopping

   – utilities & amenities

   – care costs

– Attorneys can liaise with banks and building societies in relation to Frank’s financial affairs on any account in his sole name

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

– Attorneys will have the ability to make decision as to the property (especially if necessary to sell to pay for care or for Frank to move into more appropriate accommodation)

– Attorneys can liaise with Local Authority and Department for Work and Pensions to ensure the correct benefits and financial provisions are in place.

WITHOUT A HEALTH & WELFARE LPA

 

– No one has authority to give direction as to Frank’s living arrangements or day-to-day activities/welfare

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

– No one has authority to liaise with care home/ warden/ sheltered accommodation in relation to day-to-day care

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

 

 

WITHOUT A HEALTH & WELFARE LPA

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

– Attorneys are able to make decisions as to accommodation and living arrangements

– Attorneys are able to make decisions as to Frank’s increasing care needs

– Attorneys can liaise with GP, Doctors & Hospital in relation to healthcare

– Attorneys can liaise with the care home or warden/manager should Frank move into a care home, assisted living accommodation or sheltered housing.

– Attorneys can liaise with the Local Authority as to health and welfare matters

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.

Think this is something you would like a free initial consultation on? Great, click the link below, drop us an email or give us a call and we’ll be happy to discuss this with you.

This is a big decision, I need some more time to think about it… why not click the link below to go to our FAQ page, where you’ll find useful information and videos explaining what we’re about?