Who do I need in a Lasting Power of Attorney?

Who do I need in a Lasting Power of Attorney?

Continuing our series on Lasting Powers of Attorney (LPA). Who do I need in a Lasting Power of Attorney? Here we focus on the people you need to include in your LPA, including.

ℹ️ The Donor

ℹ️ The Certificate Provider

ℹ️ The Attorneys (and replacement Attorneys)

ℹ️ Witnesses

ℹ️ People to Notify

ℹ️ How Morecambe Bay Wills can help you

Making an LPA can be complex, so Morecambe Bay Wills and Estates Limited aim to make it simpler for you by helping you understand who needs to be involved and guiding you in the choices you make for this important document.  We visit you at home to ensure comfort and privacy.

DONOR – you, the person making the LPA / “donating” the powers. The donor must be over 18 and have the required mental capacity to understand what an LPA is and the powers they are assigning to the attorneys.

CERTIFICATE PROVIDER – an independent third party who confirms the donor’s capacity. This must be someone who has known to you for two years, or someone with professional skills and expertise. It cannot be any of the intended attorneys, family members, business partners or staff of a care home if the donor resides there.  MBWE are qualified to assess capacity and can act in this capacity should you wish them to do so. If there is any uncertainty over current capacity, MBWE can also liaise with medical staff to provide confirmation if required.

ATTORNEY – a person appointed by you to act on your behalf. You need at least one attorney, but it is sensible to have more than one.  You can also choose to have “replacement attorneys” should your initial choice become unable to act on your behalf. You don’t have to have the same attorneys for the 2 different types of LPA (Property / Financial and Health/Welfare).  Choose people you trust to make the right decisions for you, and discuss these in advance with them so they know your wishes.

WITNESS – the person(s) who will witness the donor and attorneys’ signatures. The attorney cannot witness the donor’s signature and vice versa.

PEOPLE TO NOTIFY (Optional)– anyone you wish to notify when your LPA is registered. These people can raise concerns about the LPA if they have any.

Morecambe Bay Wills offer a cost-effective service which includes:

– Providing information about the decisions you need to make

– Visiting you at home to discuss this and answer questions

– Confirming your capacity to make these decisions

– Drafting forms for you to review and preparing final versions

– Obtaining required signatures via visits or registered post

– Submitting completed LPAs to the OPG on your behalf

– Responding to, and resolving, any OPG queries

– Giving you progress updates until certified LPAs are received

– Providing (optional) safe storage for your documents

Our service costs £150 for both LPAs, £250 for a couple, in addition to the OPG registration fees of £82 per LPA. We offer further discounts for those on low incomes, those who are facing an early cancer or dementia diagnosis, and our existing Wills customers. We also guarantee that if there are any mistakes identified by the OPG, we will cover the re-submission costs.

Don’t leave making an LPA for the future.  Contact us now to arrange an initial discussion.