A Lasting Power of Attorney [LPA] is a legal document that outlines who can manage your affairs in the event you lose your mental capacity. Our experienced lawyers can help you draft and file your LPA document. We offer transparent and fixed pricing starting from $300.
Under the Mental Capacity Act, a person is defined to lack mental capacity if they are unable to make a decision for themselves in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain.
It doesn’t matter if the impairment or disturbance is deemed permanent or temporary. People can lose their mental capacity for a variety of unfortunate reasons, but these can include dementia, a stroke, or sustaining some form of head injury.
When you create an LPA, you effectively get decide who will act for you in the event of a loss in mental capacity. If you lost your mental capacity without an LPA in place, then your family members would have to apply to court in order for a deputy to be appointed.
Applying for deputyship is complicated and costly vs. the relatively simple and cheap process of creating an LPA.
We advise clients to have both as they serve very different purposes, but complement each other well. A will comes into effect only after you have passed away, whilst an LPA comes into effect if you have lost your mental capacity. An LPA also doesn’t deal with the distribution of a person’s assets. This is settled according to the terms of the will after the person passes away.
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