COVID19 and taking out an LPA... Why it's now or never

05/01/2020

COVID19 and taking out an LPA... Why it's now or never

As we enter the latest lockdown, the most significant since the original back in March 2020, people face widespread problems. From management of personal finances, to looking after those of our loved ones.
People who are often able to do things with assistance, such as go to the bank or buy food, may now have to socially distance from the person or people who would normally help them.

Additionally, with many more people suffering from complications caused by Covid-19, there can be uncertainty about who is entitled to make decisions if a patient lacks the capacity to do so. In some situations, this could even relate to the life-sustaining treatment the patient should receive.

It is for these reasons that many people will be looking to make a Lasting Power of Attorney (LPA) at this time.

What is an LPA?

An LPA is a document which gives legal right to another person or people to manage your affairs on your behalf. There are two documents, one for Property and Finance, and one for Health and Welfare.

Why should I make an LPA now?

Often the person (called the “donor”) wants to create LPAs to allow trusted friends or family (called “Attorneys”) to manage their affairs on their behalf should they lose capacity to do so themselves. Attorneys can also use a Property and Finance LPA with the donor’s consent whilst the donor has capacity. This can be extremely useful if the donor needs to spend time in hospital or if they are “shielding”.

How do I make an LPA during lockdown?

With 15% of LPAs completed incorrectly each year, unfortunately it is not a simple case of “form filling”. It is vital to ensure that your wishes are accurately reflected in the document, and that it is drafted to allow your Attorneys to act with as much flexibility as you want. LPAs which are not drafted accurately can cause practical difficulties for the Attorneys in the event that the donor loses capacity - we see this impacting families and friends who want to do right by their loved one but are unable to do so.

Once you have provided the necessary information to ourselves, we can then register the forms with the Guardianship Office (OPG). We are fortunate to work directly with the OPG and as such are able to speed up the process of LPA's being registered.

The OPG will then return the original LPA with a “registered” stamp at the bottom. This is the only original document you will receive and must be kept safe.

If you are looking for more information on LPA's and what we can do to help you, please get in touch now for free and sympathetic advice.

Stay safe,

Daniel Forshaw


Call Dan directly on... 01925 967 191