5 Ways Lasting Powers of Attorney Are Safe and Secure

By |2019-03-13T16:28:39+00:00March 13th, 2019|

Following on from our recent post on Facebook, sharing an article outlining why people are reluctant to make a Lasting Power of Attorney (LPA), we felt it was important to highlight why they are now a robust way of appointing someone to look after your affairs if you lose capacity.

The Lasting Power of Attorney was introduced 12 years ago and is a far more secure document than its predecessor, the Enduring Power of Attorney. The improvements and added safeguards in the new document include:

  1. The need for the documents to be registered with the Office of the Public Guardian before they can be used.

  2. An independent Certificate Provider to confirm that you understand what you’re doing, you’re not being coerced and there is no other reason that the document shouldn’t be created. The Certificate Provider can express concern at any time.

  3. You can have a person who needs to be notified at the time of registration and also partakes in any decisions that are made, therefore acting as an additional safeguard.

  4. The Health and Welfare LPA can only be used once you have actually lost capacity.

  5. The Court of Protection has extensive powers to investigate attorney actions.

Upon reading the recent shared article our MD, Paul Dodsworth, commented: “Obviously it is important to appoint people that you can trust. It is very rare that you would come across someone that has no friends or relatives that they believe to be trustworthy and to act as attorneys.”

The reality is that the real horror stories are the ones where people have not put Lasting Powers of Attorney in place and end up spending thousands of pounds and are left worrying for a number of months about who will be taking over their affairs. The real reality is they could end up with someone they don’t know in control of their affairs and finances, who is charging £200-300 an hour to do so.

All you need to do is hear the story of Heather Bateman, who went through a nightmare when her husband was injured and lost capacity without his LPAs in place. You can watch a short interview with Heather on our website by clicking here.