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Why you should make a Lasting Power of Attorney

Given the unprecedented times we are currently having, there is no time like the present to put in place steps to ensure your affairs can be dealt with if the unexpected happens.

What is a Lasting Power of Attorney (LPA)?

A LPA is a legal document that allows you to appoint one or more people as your attorney to help you manage your affairs for you if you are unable to for any reason. You can also appoint replacement attorneys who will step in if something happens to your chosen attorneys.

There are 2 types;

Health and Welfare which allows your attorneys to make decisions on your behalf regarding such things as moving into a care home, medical care and also provides you with the opportunity to detail your instructions as to whether or not you wish to consent to life sustaining treatment.  This LPA only comes into force once you lose mental capacity.

Property and Financial allows your attorney/s to manage your bank or building society account, pay bills or sell property for example. Unlike the Health LPA this one can come into effect as soon as it is registered if you choose for it do so.

How safe is a LPA against financial abuse?

Part of the process of entering into a LPA is that a certificate provider signs the form to confirm that you understand the power you are giving and that you have not been put under any pressure to do so.

Whilst no longer mandatory, you can also notify people under the LPA of what you are intending to do which allows them time to raise any objections that they have.

The LPA allows you to state any preferences or instructions that you have which your attorney must abide by. For example you can provide instructions as to when you would permit your home to be sold or that you wish to have quarterly reports regarding your finances.

What happens if I lose capacity and do not have a LPA?

If you do not enter into a LPA and you lose your mental capacity, your loved ones will  need to apply to the Court of Protection to become your Deputy to make decisions for you which is a much more time consuming process and will cause delays in your affairs being able to be dealt with.

At the end of the day, LPAs allow to have the peace of mind that your affairs will be dealt with as per your wishes by people that you trust.

By Emma Faulkner

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Divorce: It’s no-one’s fault.

Ocean County NJ No Fault Divorce and Fault Divorce Attorney

 

Following on from the Supreme Court ruling in the Owens case and a consultation last Autumn the government have announced on 9 April 2019 that they will introduce legislation so that divorcing couples will no longer have to prove fault.

Where we are now

Currently under the Matrimonial Causes Act 1973 the divorcing party has to evidence at least one of five ‘facts’:
• Adultery
• Unreasonable behaviour
• Desertion
• Two years’ separation (if the other spouse consents to the divorce), or
• Five years’ separation (if the other spouse disagrees).

Where we will be

The new proposal provides that irretrievable breakdown of a marriage will be retained as the sole ground for divorce. The requirement to provide evidence of a ‘fact’ will be replaced with a requirement to provide a statement of irretrievable breakdown.

The two-stage process of Decree Nisi and Decree Absolute will be retained. A minimum timeframe of six months will be introduced, from petition stage to final divorce.

This much needed decision will help to cut some of the conflict from what can be a highly stressful experience and especially will allow separating parents to focus on the needs of their children instead of proving a fault-based fact against their former partner.
The announcement states that the legislation will be introduced ‘as soon as parliamentary time allows’ so it could still be some time yet as we all know that Brexit is taking up a lot of time at the moment.