It is extremely important to plan ahead. By doing so you can choose who should have legally binding authority to make important decisions on your behalf if you’re unable to make decisions yourself. A lasting power of attorney costs far less than a court order and the people you nominate can act on your behalf as soon as needed.

IMPORTANT
Everyone signing the LPA must read Section 8 of the application (Your legal rights
and responsibilities).

I have over 35 years combined experience as an Independent Financial Adviser and an Estate Planner. I provide clients with experienced knowledgeable advice. This can be done in the comfort of your own home or by way of a video conference call or telephone call.

I believe it is important to involve your nominated attorneys from the outset to answer any questions they may have and to guide and inform them as to their legal duties and responsibilities as your attorney.

If you (the donor) has a low income, you may be eligible for a reduced fee from the OPG or may not have to pay a fee at all. We will identify if you qualify and complete all the additional paperwork.

I believe that the cost of this support should not be expensive, and it represents very good value for the service that is provided. It is not just filling in forms. We simplify the whole process of arranging powers of attorney ensuring an experience that is straight forward and hassle free.

All documentation is checked to confirm that it is correctly completed and signed by all parties. It will then be posted by recorded delivery on your behalf to ensure prompt and safe delivery to the OPG for registration.

Finally, assistance is available (if needed) when creating an online account with the OPG for the applicant (the donor) and the attorneys once your application has been approved by the OPG.

 I am based in Gloucester and cover the whole of Gloucestershire including, Gloucester, Cheltenham, Stroud, Tewkesbury and Cirencester.

Having mental capacity means being able to make your own decisions and understand the consequences of those decisions.

For the purposes of the MCA 2005, section 2 a person is unable to make a decision for himself/herself if he/she is unable:

 To understand the information relevant to that decision.
 To retain that information.
 To use or weigh that information as part of the process of making the decision.
 To communicate this decision (whether by talking, using sign language or any
other means).

Choosing someone to act as your attorney is extremely important. It may be a family member or a friend or a professional such as a solicitor. They can only make a decision on your behalf, if it can be demonstrated that you no longer have mental capacity to make that decision, at the time it needs to be made.

If you’re married or in a civil partnership, you may have assumed that your spouse or civil partner would automatically be able to make decisions about your finances or your health and care, if there comes a time when you can no longer do so due to loss of mental capacity.  Without an LPA, your spouse or civil partner doesn’t have this authority.

If you lose your mental capacity without an LPA in place, your family must apply to the Court of Protection to have a deputy appointed to deal with every day financial matters and decisions concerning your health and welfare. This can take between 6
to 7 months on average and is a very expensive process costing thousands of pounds, meanwhile all accounts, including joint accounts could be frozen or severely restricted if ONE or more account holder loses mental capacity and there is no registered LPA in place.

“If one joint account holder loses mental capacity, banks and building societies can decide whether or not to temporarily restrict the use of the account to essential transactions only” – BRITISH BANK ASSOCIATION

This has huge implications as funds cannot be freely withdrawn without an order from the Court of Protection.

By setting up a Financial Affairs LPA, your attorney can make decisions on your behalf on all financial matters such as:

• Paying for your mortgage and renegotiating mortgage terms
• Paying utility bills,
• Dealing with credit card companies (would your credit rating be at risk?)
• Selling your home and arranging repairs on your home
• Claiming benefits
• Dealing with household & car insurances

How would this impact you, and your business? It may not be possible to pay staff or suppliers or complete business transactions.

If accounts are held jointly in the names of business partners or directors, the bank may choose to freeze the account if you as a partner or director loses mental capacity to deal with financial affairs.

If this were to happen there would be a real risk to the business failing or being wound up.

By setting up a Health & Welfare LPA your appointed attorney will have a legally binding authority to make decisions on your behalf on things such as:

• Being fully informed in relation to your medical treatment
• Where you live (i.e. local to family members or friends)
• Where you may receive respite care
• The care and support that you receive
• Who you have contact with

Your attorney must always make decisions that are in your best interests.

To view more information on this visit:

www.gov/make-decisions-for-someone

• You could fill out the forms yourself but if mistakes are made no matter how small, it may mean that the LPA is rejected, and you need to pay a fee later to reapply.
• By using David Forte Power Of Attorney it takes the stress out of having to complete complex application forms.
• Whoever you choose to appoint as your nominated attorney you much trust completely. Your attorney will be legally empowered to act on your behalf. It is a big responsibility on their part, and it is very important that they are fully aware of their legal obligations and duties. We will contact each of your attorneys to answer any questions they may concerning this. (It is sensible to appoint more than one attorney who could make decisions jointly or not).
• To make the process as easy as possible