Most people put off arranging a lasting power of attorney because it deals with a possibility nobody wants to dwell on, namely a time when they are unable to make decisions for themselves. The difficulty is that the document can only be made while you are still able to understand it, so delay carries a real cost. By searching for ‘Lasting power of attorney solicitors Wrexham’, you have taken the first step in putting measures in place to ensure that any decisions you become unable to make will be taken by someone you trust, and our solicitors are on hand to guide you through the process with care and empathy.
To speak to our experts, please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.
What Happens If You Lose Capacity Without A Lasting Power Of Attorney?
There is a widespread assumption that a spouse or an adult child can simply take control if someone becomes unable to manage their own affairs. That is not how the law works. Without a registered LPA, nobody has automatic authority to deal with another adult’s money or make decisions about their care, however close the relationship.
In practice, this means that banks may freeze your accounts, your house cannot be sold to fund your care, and hospitals or care homes are unable to take instructions from your family.
How Does A Deputyship Differ From A Lasting Power Of Attorney?
When capacity has already been lost, the only route left is an application to the Court of Protection for someone to be appointed as deputy. The differences are considerable.
An LPA is made by you, in advance, and you choose who acts. A deputyship is decided by the court after the event, and while the court usually appoints a family member, it does not have to. An LPA is a relatively simple document at a low fixed fee. A deputyship application is more expensive and involves the family in more time-consuming legal work. Certain decisions still require a separate application to the court, such as selling the person’s property or executing a will on their behalf.
The most important difference is time. An LPA takes weeks. A deputyship takes months, during which the family may have no lawful way of accessing the funds needed to pay for care.
What Does A Lasting Power Of Attorney Let You Decide In Advance?
Planning ahead means the choices remain yours. You appoint the people you trust rather than leaving it to a court. You decide whether they act together or independently, and you can name replacements in case someone is unable to continue.
You can make two documents covering different areas. A property and financial affairs LPA deals with your bank accounts, bills, pensions and property. A health and welfare LPA deals with your medical treatment, your care and where you live, and it can extend to decisions about life sustaining treatment if you specifically say so. Alongside those choices, you can record instructions your attorneys must follow and preferences they should bear in mind, so your wishes are known rather than guessed.
Can You Arrange A Lasting Power Of Attorney In Welsh?
Yes. We are proud to offer a Welsh language legal service at our Wrexham office. Being able to have discussions about your future in your first language can make the process more comfortable and helps ensure your instructions are captured exactly as you mean them. So, if you would prefer to discuss your lasting power of attorney and have your affairs dealt with in Welsh, you are very welcome to do so.
When Is The Right Time To Put A Lasting Power Of Attorney In Place?
The honest answer is long before you think you need it. An LPA is not only for the very elderly. Capacity can be lost suddenly at any age through accident or illness, and the document is worth having in place quietly in the background, whether or not it is ever needed.
It is particularly worth acting promptly if you have received a diagnosis of a condition that may affect capacity in future, if you own a business or property that would need managing in your absence, if you live alone, or if you are the person managing an older relative’s affairs informally already. The moment capacity is gone the option disappears, so there is no advantage in waiting.
What Does It Cost And How Long Does It Take?
We offer our lasting power of attorney service at a low fixed fee, and we will give you a free, no obligation quotation before you decide to proceed, so you know exactly what you will pay. In addition to our fee, the Office of the Public Guardian charges a registration fee for each LPA, since the document must be registered before it can be used. Those fees are set by the government and reviewed periodically. We will confirm the current figure at your first meeting with us.
Preparing the document is usually straightforward. Registration with the Office of the Public Guardian takes longer, which is another reason not to leave matters until a crisis has arrived.
Why Choose Our Lasting Power Of Attorney Solicitors Wrexham?
Bartletts Solicitors has been serving our local communities for over 160 years and has a strong reputation for offering first-class legal support coupled with outstanding client care. Our team can prepare your lasting power of attorney, oversee the signing so that it is done correctly, and handle registration on your behalf. Where capacity has already been lost, we also have specialists who advise on Court of Protection deputyship applications.
Our Wrexham office is at 5 Charles Street, Wrexham, LL13 8BT.
To speak to our experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.
