One Resolution that Really Does Make a Difference
“Take time this Christmas to talk about what
matters most to you to the people you care most
about, and maybe, just maybe set a resolution
that could make the world of difference”
New Year resolutions; things we pledge to but generally don’t stick to. Here’s one idea that will make a difference and be a resolution with real meaning and worth – decide who would speak for you if ever needed. I can’t think of anything more important, particularly in the year of uncertainty that 2020 has been, than appointing someone you trust to speak for you with a Lasting Power of Attorney
What is a lasting Power of Attorney?
A Lasting Power of Attorney is a legal document that lets you chose people you trust to make decisions for you quickly and easily.
This gives you more control if you have an accident or illness and cannot make your own decisions.
What are the different types of Lasting Power of Attorney?
A Health and Welfare Lasting Power of Attorney allows someone you trust to make decisions relating to health and care. It only comes into use If you cannot make these decisions yourself.
A Property and Finance Lasting Power of Attorney allows someone to manage your money and finance to do things like pay bills and manage your bank. A Property and Finance Lasting Power of Attorney comes into use when you choose, either as soon as it has been registered or if you cannot make decisions.
Surely my next of kin has the right to make decisions for me if I can do it myself?
Your next of kin have no automatic right to speak for you and make decisions, the only way to ensure the person you want to speak for you is recognised is by completing a Lasting Power of Attorney.
If you don’t have a Lasting Power of Attorney your next of kin will need to apply to the Court of Protection to become you nominated deputy – this is a lengthy and costly process.
Why not just wait to do a Lasting Power of Attorney until you need it?
To make a Lasting Power of Attorney takes time, time to talk to the people you want to make decisions for you, time to complete and time to register with the Office of the Public Guardian This process can take up to five months.
You don’t know when a Lasting Power of Attorney might be needed so it makes sense to have one in advance, just like an insurance policy.
What steps are there in making a Lasting Power of Attorney?
Decide which Lasting Power of Attorney is right for you. Most people apply for both at the same time.
Decide who will be the person, (or people,) nominated to speak for you - these may be different people for your different Lasting Power of Attorneys.
Research the choices and decisions you need to make a Lasting Power of Attorney Contact me if you would like a free call to talk about your options and what you need to consider.
Draft and print your Lasting Power of Attorney.
Ensure it is signed and dated in the right order – any errors on the form will be rejected by the Office of the Public Guardian.
Once posted to the Office of the Public Guardian the following process is followed:
The Office of the Public Guardian state the process takes up to 10 weeks, the reality is now the process is taking far longer. I have experienced delays of as much as five months in some applications.
You will find more information on the FAQs and blog sections on www.speakformelpa.co.uk
I want to make my Lasting Power of Attorney, what do I need to do next?
You have three different ways to make your Lasting Power of Attorney:
Contact me to have a free informal chat to work out what is best for you. If you wish me to draft your Lasting Power of Attorney, I can support you through the whole process from an initial chat to drafting your Lasting Power of Attorney.
Use the Office of the Public Guardian online forms to make your Lasting Power of Attorney if you wish to do this independently.
Employ a solicitor to draft you Lasting Power of Attorney.
The Office of the Public Guardian Lasting Power of Attorney Campaign has information and real-life stories about Lasting Power of Attorney for you to find out more.
Thank you for support, inspiration and shared learning throughout the year and good wishes for a safe and Happy Christmas.
Clare