Lasting Power of Attorney
With many of us living well into our 80s and even 90s, the chances of developing a disease that affects your mental capacity, for example, Alzheimer’s or dementia has increased.
It is estimated that dementia cases across the world will triple by 2050. However, it is not only a disease that can rob you of your ability to make decisions, an accident can temporarily or permanently render you mentally incapacitated. Therefore everyone, no matter what their age, should have a Lasting Power of Attorney (LPA) in place.
With many of us living well into our 80s and even 90s, the chances of developing a disease that affects your mental capacity, for example, Alzheimer’s or dementia has increased. It is estimated that dementia cases across the world will triple by 2050. However, it is not only a disease that can rob you of your ability to make decisions, an accident can temporarily or permanently render you mentally incapacitated. Therefore everyone, no matter what their age, should have a Lasting Power of Attorney (LPA) in place.
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Contact us today to discuss how our expert conveyancing solicitors can take care of your residential property sale and purchase.
Based in London, we have been advising clients across the UK on property matters relating to LPAs. You can trust that not only are our solicitors exceptionally talented legal advisors, but they are also compassionate, proactive, responsive, and dedicated to providing exceptional client care.
The Triangle Legal Services team can handle every aspect of your LPA and we are specialists in dealing with high-net-worth estates and estates which include overseas-based property.
What sets us apart from other law firms is our expertise. As a team, there is no property matter we have not seen before and we can deal with all types of transactions, regardless of complexity. We are used to dealing with high-profile law firms instructed by other parties and have the knowledge, technology, and sheer creative talent to hold our own in terms of protecting our clients’ best interests and achieving results.
Auction Sale And Purchase FAQs
An LPA is created by a donor who appoints an attorney (or attorneys) to manage their affairs in the event they lose mental capacity. There are two types of LPAs:
- Financial LPA – provides the attorney with authority to take care of the donor’s financial affairs, e.g. paying any mortgage or rent, managing investments, and buying and selling property.
- Health and welfare LPA – allows an attorney to make decisions concerning the donor’s health and welfare, e.g. giving medication, deciding whether or not the donor needs to move into a care facility, and what treatment can be given if the donor becomes ill.
An attorney has a statutory duty under the Mental Capacity Act 2005 to always act in the donor’s best interests. Furthermore, they can only take actions that are permitted by the donor through the LPA.
Although most people take on the role of an attorney with the utmost good faith, abuse does unfortunately occur. To help protect the donor, an LPA must include an LPA Certificate provided by someone who has known the donor for two or more years and states:
- The donor understands the purpose of the LPA and the powers it confers.
- No fraud or undue duress was applied to the donor.
- They know of no other reason that the LPA should not be approved.
We will ensure your LPA is carefully set up to reflect your wishes and provide advice and guidance to your attorneys to ensure they are acting in your best interests and within their legal powers.
The Office of the Public Guardian (OPG) is responsible for registering LPAs. They also investigate matters concerning reports of abuse and/or the over-reaching of the power granted under an LPA.
By instructing us to advise you on creating an LPA you can be confident that it will not only be valid but that we will ask the right questions to ensure it encapsulates your true wishes. We are dedicated to providing exceptional customer service and our ability to quickly deal with complex property matters is well known throughout the Central and Greater London area.
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