Although most applications will be straightforward there are some situations where this isn’t the case. If your circumstances are more complicated then you need to bear the following in mind.
Complications owing to residency and property.
LPAs cover people who live or own property and assets in England and Wales. Your LPA may not work in other countries, including Scotland and Northern Ireland.
You may want to get legal advice if:
| – you live outside England and Wales |
| – you have property outside England and Wales (Property & Finance LPA) |
| – you’re planning to move away from England and Wales |
| – there are other reasons why where you live complicates your situation |
Complications relating to bankruptcy and Debt Relief Orders
For Property & Finance LPAs
If you’re bankrupt or subject to a debt relief order, you should think about getting legal advice before you make your LPA. This will reduce the possibility of problems further down the line.
If you become bankrupt or subject to a debt relief order after your property and financial affairs LPA is made or registered, it will be cancelled.
If an attorney becomes bankrupt or subject to a debt relief order, they can no longer be your attorney under your LPA for property and financial affairs.
You must notify OPG of this at the earliest opportunity following the change in circumstances. OPG will take the appropriate action and advise you on how this affects your LPA.
Depending on how many attorneys you have and how they are appointed, it might cancel your LPA.
Please be aware that bankruptcy does not affect a health and welfare LPA.
Complications arsing from having only one attorney
if you only nominate one attorney and that attorney should die or become incapacitated before the donor passes away then the LPA will be cancelled. It is important to protect the LPA to either have more than one attorney named or to add replacement attorneys. These will be able to assume the role of attorney in the event of an attorney becoming invalid.
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