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Information for elderly carers: LPAs

June, 2013 advice for elderly people - legal document

Earlier in the week we started looking at lasting powers of attorney (LPAs) and today we continue with some more advice for elderly people and their families on this topic.

Here are some hints and tips straight from the BBC on obtaining, implementing and paying for LPAs:

  • You can get copies of the forms needed to complete either a Property and Affairs Lasting Power of Attorney covering money matters, or a Personal Welfare LPA covering medical matters, from the Office of the Public Guardian.

  • You can chose to appoint anyone you trust as long as they are over 18 and not bankrupt.

  • You need to fill in the forms and get it signed by all relevant parties (yourself, an independent third party called a certificate provider who verifies your capacity, and the person you’re appointing power of attorney)

  • In addition you should list one or more people who you want notified of the application, if you list no one an additional certificate of capacity must be provided.

  • Registration costs £120 per form. Certain people, including those on means tested benefits and those earning less than a certain amount per year may be entitled to fee remissions, details of which can be found on the site of the Office of the Public Guardian.

  • The Lasting Power of Attorney must be registered before it can be used. This means that if you want to you can save it until a time when it’s needed. However the advice is to get it registered as soon as you can firstly to avoid the long registration waiting period in emergencies, and secondly because if you’ve made mistakes and it’s declared void it will be too late.

  • Prior to 2007 it was possible to make Enduring Power of Attorney. This was a simpler document but didn’t include some of the important safeguards against fraud built into Lasting Power of Attorney. It is no longer possible to make an EPA but they are still valid if they were made prior to 2007.

If you would more more information on LPAs then these are some useful links:

For more information about making Lasting Power of Attorney in Scotland visit www.publicguardian-scotland.gov.uk

 

Image courtesy of Flickr, Victor1558

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