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Advice

Why leave setting up an LPA until it is too late?

Emily Spencer Emily Spencer
2 min read
This blog is more than 5 years old

A Lasting Power of Attorney (LPA) is an important legal document that gives you the control to specify who you would want to make decisions if you were unable to make decisions (relating to your property and finances and/or health and care) in the future.

In order to set up an LPA, one of the requirements is that you need to have full capacity (understanding). The documents have been designed so that each LPA document requires a signature from a ‘certificate provider’ who must only sign the document if they believe that you have the ability to understand the document and that no-one is pressuring you to sign the document.

A loss of capacity is not just caused by developing dementia, for example it can occur through suffering a physical accident or as a result of a stroke. The requirement to have capacity before being able to set up an LPA means it is so important  that  there should be no delays in setting up an LPA, after all no one can predict when something may occur that would affect our capacity.

If you have not set up an LPA and then lost capacity, your loved ones would need to apply for a deputyship order in order to make decisions on your behalf. Applying for a deputyship order takes considerable more time and is more expensive than applying for an LPA. If an LPA was in place your chosen attorneys would be able to act as soon as you lost capacity (or sometimes before with your consent if it is one relating to your finances) rather than being unable to make a decision until the deputyship order is finalised.

There is an obvious risk that putting an LPA at the bottom of your ‘to-do list’ may result in more costs and delays in the future. So, why take the risk of leaving it till it could be too late? 

Client feedback

Found Emily to be very Professional, whilst keeping things Personal. I was clear on what I wanted and she took time to ensure that it truly was my what I wanted and not running away with my thoughts. She gave me space to think and BE SURE. On day of signing I felt so comfortable with all my decisions and have not worried. The peace I have is real. Thank you Emily. For both your Professionalism and Personal care.
Sylvia
Monika was highly personable and straightforward to deal with, I would certainly use her again.
Anonymous
We were put in touch with Winston Solicitors and Emily was appointed to our case in relation to the LPAs. She was very thorough and professional, and explained everything in a manner that was easy to understand.I have no hesitation in recommending Winston Solicitors.
Lennie
I dealt with Emily at Winston Solicitors. She helped sort out a deed of variation to amend my mothers Will so that her shares in the business passed on to a Trust which helped benefit my four children. She was very effecient, quick to reply and overall a 10 out of 10 experience. I have dealth with many solicitors in the past but Winston are by far the best company I have dealt over the years...they gave a fixed price and were very helpful/professional. Would recommend to anyone!
Bradley
A very kind and friendly atmosphere, no improvement needed. At a very sad time in my life all the staff where kind and understanding. Many thanks to all.
A Campbell., Leeds
Brilliant service and staff are friendly and helpful
Adrian
I recently instructed Winston Solicitors to obtain Grant Of Probate on my behalf, as the sole executor of a will.Emily was very helpful & efficient & the whole process was completed in a very timely manner.I would definately use Winston Solicitors in the future.
Anonymous
Excellent service and advice from Emily in preparing our updated wills and LPAsExtremely helpful and efficient John
John
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