LPAs in-depth

When it comes to appointing an attorney, some people would have no hesitation in giving a loved one the responsibilities with confidence that the attorney would know exactly what they would want. Other donors would rather restrict what the attorney could have control over and would choose to command precisely what they would like their attorney to do, giving them as much guidance as possible. This can be because they feel that it is too great a responsibility for the attorney if they have not been specific enough about their wishes.

People often ask: if I make my children my attorneys, will they be able to sell my home to pay for my care fees? If your children are your property and finance LPA Attorneys, they can – because you have given them the power to pay any of your outstanding debts with the assets that are available.

We find that our clients often don’t want to go into care, because they don’t want to sell their home to pay for the cost of care, preferring to leave the home as an inheritance to their beneficiaries. We offer expert advice concerning the options that may be available to you in relation to protecting the family home.

LPAs have existed since October 2007, although they have since been revised and refined to give more clarity and control for the donor, not to mention making the process simpler for the attorney.