{"id":18,"date":"2020-11-25T13:45:25","date_gmt":"2020-11-25T13:45:25","guid":{"rendered":"https:\/\/websitedigitalpower.com\/simplylpa\/?page_id=18"},"modified":"2021-04-18T20:47:46","modified_gmt":"2021-04-18T20:47:46","slug":"faq","status":"publish","type":"page","link":"https:\/\/websitedigitalpower.com\/simplylpa\/faq\/","title":{"rendered":"FAQ"},"content":{"rendered":"\t\t
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Frequently Asked Questions\u200b<\/h1>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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Here are answers to some common questions.\u00a0 If there’s something you would like to know, just click on the here<\/a>\u00a0or call us for a free consultation.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/i><\/span>\n\t\t\t\t\t\t\t\t<\/i><\/span>\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/span>\n\t\t\t\t\t\t\t\t\t\t\t\tWhen should I get an LPA?<\/a>\n\t\t\t\t\t<\/div>\n\t\t\t\t\t

Simply put \u2026 Before it\u2019s too late.\u00a0 Before illness strikes.\u00a0 Before mental capacity deteriorates.\u00a0 Once capacity has been lost, you are no longer allowed to appoint an Attorney.\u00a0 This could leave you with no one able to pay your bills and make crucial decisions about your care and medical treatment. \u00a0<\/p>

A Financial LPA will allow an appointed Attorney access to a person\u2019s funds to sort out financial affairs.\u00a0 A Health and Welfare LPA allows a relative full control over care and medical options.<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/i><\/span>\n\t\t\t\t\t\t\t\t<\/i><\/span>\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/span>\n\t\t\t\t\t\t\t\t\t\t\t\tCan\u2019t my partner just take over if I have lost capacity?<\/a>\n\t\t\t\t\t<\/div>\n\t\t\t\t\t

Sadly, they cannot, and this is a common misunderstanding. Without an LPA (or Enduring Power of Attorney), financial companies and home service providers will not allow access to information if the owner has lost capacity. Even in the case of joint assets, some institutions will limit or possibly deny access. In addition, if other organisations such as utility and insurance companies only have your details and you lose the ability to act, your partner could be prevented from dealing with these companies.<\/p>\n

Having an LPA gives your Attorney(s) total legal authority to deal with your affairs and avoid these difficult, upsetting situations.<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/i><\/span>\n\t\t\t\t\t\t\t\t<\/i><\/span>\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/span>\n\t\t\t\t\t\t\t\t\t\t\t\tWho should I appoint?<\/a>\n\t\t\t\t\t<\/div>\n\t\t\t\t\t

Attorneys must be over the age of 18, mentally capable, free of bankruptcy or a debt relief order (if applying for the financial and property LPA). You may wish to choose one or more Attorneys. Often people will choose a partner, children or a close friend.  <\/p>\n

You may wish to consider whether you are comfortable that their actions will reflect your wishes and how they manage their own finances.<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/i><\/span>\n\t\t\t\t\t\t\t\t<\/i><\/span>\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/span>\n\t\t\t\t\t\t\t\t\t\t\t\tHow are the attorneys appointed?<\/a>\n\t\t\t\t\t<\/div>\n\t\t\t\t\t

You can choose to have one or more attorneys.\u00a0 They can either act on their own with the power to make decisions singularly.\u00a0 (Jointly and Severally)<\/em>\u00a0 <\/strong>Or if all decisions are to be made together, (Jointly<\/strong>).\u00a0 Y<\/em>ou would then need to consider if it is feasible for your attorneys to be present to agree on every action taken.\u00a0 Most people select jointly and severally which could allow attorneys to work together or separately to serve your best interests.\u00a0 On a Jointly and Severally LPA, it is also possible to stipulate some actions that you would prefer to operate on a jointly basis.\u00a0 For example, selling your property.<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/i><\/span>\n\t\t\t\t\t\t\t\t<\/i><\/span>\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/span>\n\t\t\t\t\t\t\t\t\t\t\t\tCan I make stipulations about certain aspects of my affairs?<\/a>\n\t\t\t\t\t<\/div>\n\t\t\t\t\t

Yes, you may include guidance or instructions in both types of LPAs, (Financial\/Property and Health\/Welfare).\u00a0 The instructions must be followed by the Attorneys, however guidance is not binding on them.\u00a0<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/i><\/span>\n\t\t\t\t\t\t\t\t<\/i><\/span>\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/span>\n\t\t\t\t\t\t\t\t\t\t\t\tHow should an Attorney perform his duties?<\/a>\n\t\t\t\t\t<\/div>\n\t\t\t\t\t

Attorneys have a legal responsibility to act in the best interest of a Donor.\u00a0 They must carry out their role with integrity following any instructions and preferences set out by the Donor in the LPA documents.\u00a0 They must help make decisions in the Donor\u2019s best interest, allowing them to take part in the process as much as possible. They will need to observe and respect the Donor\u2019s past and present wishes, feelings, beliefs and values.\u00a0 They should never make assumptions based on age, behaviour or appearance and always respect the Donor\u2019s human rights.<\/p>

They will need to consider if mental capacity could be regained in the future and if so, could the decision be delayed.<\/p>

If a decision cannot be made, Attorneys should then seek advice from a relevant organisation such as the Office of Public Guardian, social services, or a related charity.<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/i><\/span>\n\t\t\t\t\t\t\t\t<\/i><\/span>\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/span>\n\t\t\t\t\t\t\t\t\t\t\t\tHow do I talk to my parents about an LPA?<\/a>\n\t\t\t\t\t<\/div>\n\t\t\t\t\t

This is a commonly asked question.\u00a0 Conversations with family members about possible declining health or loss of capacity can be hard, but the following suggestions may help:<\/p>