Lasting power of attorney

[Akire]

Are there any advantages to not sending up LPA? I’ve been looking into this for myself. No issue just single and no one else to make decisions should the worst happen.

I know you need you need to register this and can take up to 15weeks to get back. But some sites recommend filling in forms then keeping them “to some future point” where you or attorneys will register it and “people can be notified.”

But by the time you may need it it’s bit late wait 15 weeks for anyone to have any power. Or would I be “given anything away” doing them before I need them. Google is not helping!

This is my understanding (I am not an expert)

LPA for health and wellbeing only kicks in when you have lost capacity to make whatever decisions need making.

LPA for finance as above, but also you can give your attorney the power whenever it suits you (Mum had full capacity to deal with her finances but CBA so handed it over to me).

Both cases you set them up and register them now. Then if you get hit by a bus/whatever they are in place. But in the meantime you just carry on as normal.

The only disadvantage I can see of setting them up when you are healthy and fully with it might be if you change your mind about who you want to be your attorney. Otherwise it just sits there doing nothing until it's needed.

Thanks for replying. Yes, that’s my thinking but it even had a special form fo notify up to 5 people when it’s registered and was confusing me.

That’s to protect you from coercion by your chosen attorneys. Barely relevant if you choose to register straight away. It’s mainly, I think, to cover the situation where you don’t register straight away, and then your attorneys try to register it without your approval. On of the five people should alert you to this

If you change your mind, you can revoke the deed of attorney, and, if you wish, set up a new one. But it’s not foolproof- a bit like someone executing the wrong will because the last and final one hasn’t been found.

Thanks yes seems silly that you notify people if you may be being forced to sign something. Yet the same person would have to allow you to notify people so bizarre.

@Akire

Thanks yes seems silly that you notify people if you may be being forced to sign something. Yet the same person would have to allow you to notify people so bizarre.

When LPA was brought in, I suspect registration was a bit quicker, and it was envisaged you wouldn’t register until the LPA needed to be used, as was the case with the EPA that it replaced. So the scenario is of competent adult naming attorneys and people to be notified, then competent person becomes more frail, attorney jumps the gun in registering, with an eye on getting hands on money, but the notified people will raise the alarm

Thanks again makes sense! It’s just the way the forms are I kept thinking I’m missing something here.