Lasting Power of Attorneys (LPA)

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Lasting Power of Attorney

A Lasting Power of Attorney (LPA) is a legal document that is only valid in your lifetime. It is a legal document that allows you to appoint someone you trust to make decisions on your behalf if you are unable to do so. There are two types of LPA:

1: Financial and Property 

This type lets someone you trust make decisions about your money and property. It can be used whilst you still have mental capacity (if you allow it) , or if you lose capacity later. These can include:

  • Managing bank accounts
  • paying bills or debts
  • Collecting benefits or pensions
  • Buying or selling property
 

2: Health and Welfare

This type covers decisions about your personal wellbeing including:

  • Medical treatment
  • Daily care (eg washing, eating)
  • Moving into a care home
  • Life-sustaining treatment decisions

It can only be used if you lose mental capacity

In it, you give people you trust the legal power to make decisions on your behalf.

About Lasting Power of Attorney and
a Case Study

Why is it important?

If you develop dementia and lose mental capacity, you will need someone to help you manage your bank account and day-to-day care. An LPA is required for someone to have the legal right to do this, including your spouse. Loss of capacity is most likely in old age, but it can also be the result of a serious disease or accident. If a person has already lost mental capacity, it is too late to make a LPA so it is important to consider setting one up as soon as possible. Having an LPA you are in control.

A Case Study

When Alan turned 60, he and his wife Sue agreed to apply for LPAs. With the help of Maple Wills , they were made attorneys for each other, along with their son, John. After enjoying two years of early retirement, Alan developed sudden onset dementia.  Because they had the foresight to set up an LPA, Sue and her son John had the legal power necessary to take control during this incredibly difficult time. Sue was also free to make medical decisions on Alan’s behalf, and because her finances were uninterrupted, she had the financial freedom to make Alan’s life as comfortable as possible. 

What would have happened if there was no LPA in place?

Had they not set up the LPAs, Sue and John would have faced one legal and financial obstacle after another. The bank account they share would have been frozen, making it impossible to pay for supplementary healthcare. Without an LPA, Sue would not have the power to make decisions regarding Alan’s health. Furthermore to obtain the legal permissions, she would have had to pay thousands of pounds in court fees during those challenging months. When eventually she was made a deputy of court, she would have had to take out a guarantee bond to protect the assets from potential financial mismanagement – at a cost of several hundred pounds a year. All whilst struggling to cope with the painful decline of her beloved husband. 

Wishes

Without a Will, when you’re gone your wishes won’t be considered. The legal rules of intestacy take over, which can lead to unintended consequences and cause stress and disagreements among family members. Having a Will gives you peace of mind that your gift will go to your loved ones. It’s a simple way to make sure your wishes are honoured.

Single Wills

A single Will is created by one person and outlines their individual wishes for how their estate should be handled after they pass away. It’s ideal for people who are not in a relationship, or for those who have different wishes from their partner.

Mirrored Wills

Mirrored Wills are two separate but almost identical Wills, usually made by couples. Each person leaves their estate to the other, and then to the same beneficiaries (like children) if both pass away. They’re a popular choice for married couples or partners who share the same wishes.
Mirrored wills are not legally linked — either person can change their will at any time without telling the other. Both types of wills must meet legal requirements to be valid, including being signed and witnessed properly.

About Wills:

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Wills

A Will sets out how you want your money, property, and possessions to be distributed after your death and allows you to appoint guardians for children under the age of 18.

We can’t predict when our time will come to an end. You’ve worked hard every day, putting in the effort to get where you are now. Ultimately, we want to share the results of our lifelong work with our loved ones. Giving the product of our life’s work as a gift is the biggest and best thing we can do – it’s everything we own. It’s crucial to make sure this is done right – by writing a Will.

About Wills:

Wishes

Without a Will, when you’re gone your wishes won’t be considered. The legal rules of intestacy take over, which can lead to unintended consequences and cause stress and disagreements among family members. Having a Will gives you peace of mind that your gift will go to your loved ones. It’s a simple way to make sure your wishes are honoured.

Single Wills

A single Will is created by one person and outlines their individual wishes for how their estate should be handled after they pass away. It’s ideal for people who are not in a relationship, or for those who have different wishes from their partner.

Mirrored Wills

Mirrored Wills are two separate but almost identical Wills, usually made by couples. Each person leaves their estate to the other, and then to the same beneficiaries (like children) if both pass away. They’re a popular choice for married couples or partners who share the same wishes.
Mirrored wills are not legally linked — either person can change their will at any time without telling the other. Both types of wills must meet legal requirements to be valid, including being signed and witnessed properly.

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We're Here to Help

At MapleWills, we understand the importance of Wills and estate planning. Our experienced and compassionate team is here to guide you through process, ensuring you have a legally sound Will that captures all your requirements .

We’re dedicated to making sure your legacy is preserved as you envision

Don’t wait to protect your family’s future. Contact us today.

We're Always Here to Help

At MapleWills, we understand the importance of LPA, making a will and any aspect of estate planning. Our experienced and compassionate team is here to guide you through the processes, ensuring you have a legally sound document that captures all your requirements .

We’re dedicated to making sure your legacy is preserved as you envision and want.

Don’t wait to protect your family’s future. Contact us today.