Frequently Asked Questions

Speak For Me LPA provides a unique and highly personalised LPA writing service: 

Each LPA is tailored to need and can be completed in a way that suits you. This includes face to face (within COVID19 guidelines), Zoom or telephone consultation. 

The cost is set – not hidden extras. 

You are not limited to number of consultations or rushed to complete your LPA. 

With a wealth of experience in planning ahead, I can support you and your family in talking about what matters to you. 

Speak For Me LPA offers remission and exemption for anyone in financial hardship.

Speak For Me LPA can draft your LPA wherever you live through telephone and on line support, geography is no boundary.

A lasting power of attorney (LPA) is a legal document that lets you (the ‘donor’) appoint one or more people (known as ‘attorneys’) to help you make decisions or to make decisions on your behalf.

This gives you more control over what happens to you if you have an accident or an illness and cannot make your own decisions (you ‘lack mental capacity’). https://www.gov.uk/power-of-attorney

It is a common misconception that your next of kin can make decisions for you should you lose ability to do this through illness or accident, the only way to ensure that you can ensure this is through nominating them formally as your Attorney through a Lasting Power of Attorney.  An LPA ensures that your voice is heard if you should ever lose the ability to make decisions and speak for yourself.

Through nominating someone now to act as you attorney for the future you protect your wishes avoid the possibility of both costly and lengthy Court of Protection costs. 

With no automatic right for your Next of Kin to make decisions your family may need to apply to the Court of Protection to be your Deputy if you lose capacity and don’t have a Power of Attorney. It is important to note that, if you have lost capacity, you can no longer express a view on who will be appointed your Deputy.

Property and Finance: Without an LPA for Property and Finance, you family potentially will not be able to pay bills, manage your finances, pensions or care home fees. The application for Deputyship via the Court of Protection is a costly and lengthy process creating unnecessary burden on your family. This is avoided by planning ahead and completing your Lasting Power of Attorney for Property and Finance.

Health and Welfare: Without an LPA for Health and Welfare decisions your family will not be able to make decisions about important health matters, for example medical treatment and where you are cared for. This is avoided by planning ahead and completing your Lasting Power of Attorney for Health and Welfare.

Part of making an Health and Welfare LPA involves an important decision whereby you choose if you give your Attorney the ability to make decisions about any life sustaining treatment you might need in the future; when drafting your LPA this is something we can explore in detail so you are fully aware of the options you have.

The best answer I can give to that question is NOW! Think of an LPA a bit like an insurance policy – an important document there if you ever need it. If you suddenly lose capacity following an accident it will be too late to make an LPA; leaving the decision in the case of a progressive disease, carries a risk that by the time it is needed it will be too late. 

Unlike insurance, an LPA is a one off application giving you peace of mind for life.

The process of completing your LPA is best viewed in three distinct steps:

Firstly, the time it takes to draft the initial document. This will vary from person to person and depend on the complexity of each LPA. From initial consultation to completion of draft LPA can be achieved in the same day (assuming all underpinning discussions have taken place), however for some people this may take longer to allow time to consider options and have vital conversations. 

Secondly, once drafted the LPA will require careful signing with attention to the explicit OPG guidelines, again this can be completed on the same day or, if signatories are not geographically close, will take longer to complete through post. 

Thirdly, once drafted, checked and signed your LPA is sent to the OPG for registration. Once you receive notice back with the OPG stamped LPA the process is complete. The OPG indicates this may take up to 20 weeks, however in reality this is often longer.

Think again. If nothing else 2020 taught us how unpredictable the future is, none of us know what tomorrow will bring or have guarantee of health. Too often LPAs are considered in later life and then often left too late to complete. LPAs should be considered as part of your life planning along with wills and life insurance.

Once an LPA is registered (for LPAs after July 17th 2020), attorneys and donors will be sent an activation key. They can create an account online and use the activation key to add LPAs to their account. A donor or attorney can then make an access code which they can give to organisations to view an online summary of an LPA.  

If an LPA was registered before July 17th 2020 you will need to show the OPG validated document as proof of LPA registration. 

Tell people like you GP or any professionals that you have an LPA if ever needed.

You choose when an LPA for Finance and Property becomes active as part of the application process – some people choose for their attorneys to act when they still have capacity. This can be a help if you need practical support with financial matters.

An LPA for Health and Welfare decisions become active only when you lose capacity. An important component of this LPA is deciding if you give your Attorneys the right to make life sustaining decisions.

It is important to be absolutely transparent and sensitive when making a Lasting Power of Attorney with a person. Knowing there is a twenty week wait carries a risk that, for some people, it may just be too late. When there is an obvious poor prognosis this is something I talk about with clients. I have found people still want to go ahead, making a Lasting Power of Attorney can be one way of gaining control when everything else may feel out of control.

My policy is to claim a refund of the registration fees in the event of death of a client and to pass this on to their family, something I write about in detail in this blog - https://speakforme.co.uk/blog/can-you-claim-a-refund-of-lasting-power-of-attorney-lpa-registration-fees-if-a-donor-dies-before-the-lpa-is-registered

“I am really proud of how I practice my business and feel returning fees is the morally right thing to do, I’d like to know how widely this is practised.”