Lasting Power of Attorney
If you lose mental capacity following ill health or an accident and do not have a Lasting Power of Attorney in place then you could place your family in difficulty as no one will have the legal authority to access your assets or make decisions regarding your health and welfare, such as where you will live and what treatment you will receive. Without an LPA your family will have to apply to the Court of Protection to have a deputy appointed to deal with everyday matters. The process is slow, complicated and very expensive and finances cannot be accessed until the deputyship has been granted
To avoid any unnecessary stress or hardship for your family it is in everyone’s best interest to have a Lasting Power of Attorney whereby you can appoint a person or persons you know and trust to manage your affairs. There are two types of LPA:
- A Property and Financial Affairs LPA allows your chosen person or persons to handle your bank accounts, investments, bills and property, including selling your home if need be.
- A Health and Welfare LPA covers decisions about your health and care such as your personal and medical care, moving into a care home or life-sustaining treatment.
We offer fixed fees, please get in touch for further details and to arrange a free no obligation consultation.
Court of Protection Applications
If you or a loved one does not have a Power of Attorney in place and losses capacity, an application will need to be made to the Court of Protection for a Deputy to be appointed to manage your property and financial affairs for you.
This often occurs where a person has lost capacity, without obtaining and Power of Attorney and their property needs to be sold to fund care home fees.
A Deputy could be a spouse, relative, friend or professional. Yellow Legal will support and guide you through the Court Process.
If you require assistance, please contact us and we can discuss the circumstances and provide a fee estimate and timescale.
