Unfortunately we do not know what is going to happen in the future, and what our health will be like, but one way to gain some peace of mind is to set up Lasting Powers of Attorney.
Creating a Lasting Power of Attorney is often useful where an individual is not physically able to get out and about. An LPA is a contingency plan to ensure that both you and your finances are looked after (when you no longer have the ability to do so) and most importantly by someone you know and trust!
Some people fear that having a Lasting Power of Attorney means they will lose all control over their assets- this is not true. You decide how much control your Attorney has over your assets and you can revoke a Lasting Power of Attorney at any point, as long as you still have mental capacity.
LPAs cannot be made once your mind is impaired and since this could happen suddenly, for example due to a stroke or an accident, it is important to make them well before they are needed.
If you have not set up your LPAs in time the alternative is a lengthy and expensive court procedure called Deputyship at the Court of Protection in London.
From the first appointment to the registering of the Lasting Powers of Attorney usually takes between thirteen and fourteen weeks depending on Office of the Public Guardian registration times. Every LPA must be registered with the OPG before it can be used.
We strongly recommend obtaining specialist legal advice when creating a Lasting Power of Attorney.
There are various technical formalities that must be adhered to when appointing an attorney and these are easily overlooked.
D Burke & Co Limited specialises in Powers of Attorney, Wills and Probate matters only. Diane Burke is a solicitor, a full member of the Society of Trust and Estate Practitioners (STEP), a full member of the Institute of Professional Will Writers and a fully qualified member of the SFE - Solicitors For the Elderly.
Your first meeting with Diane is a complete Estate planning review in which many matters are discussed, not just Powers of Attorney. This advice, experience and guidance are all included in the price of the Lasting Powers of Attorney.
The Wills, Probate & Conveyancing Solicitor for Morley, Tingley, East Ardsley, Gildersome, Churwell, Drighlington and all surrounding areas of Leeds and Yorkshire.
Diane Burke is a STEP qualified solicitor
D Burke & Co Limited (t/a D Burke & Co Solicitors) is registered in England and Wales with Company No 09676483. Registered office is 9 Kirkstone Terrace, Morley, Leeds, LS27 9PE. Director: Diane Burke. We are authorised and regulated by the Solicitors Regulation Authority SRA No. 830880. Details of the SRA Codes of Conduct can be found at www.sra.org.uk.
Our VAT registration number is 284 0377 93 and VAT is payable on all our invoices (currently at the rate of 20%). Please note that VAT may also able be payable on disbursements, and where this is the case, it will be shown on our invoice.