Lasting Power of Attorney
If you are looking for help with advice or preparation in relation to a lasting power of attorney our specialist solicitors can help you.
In addition to office meetings, we offer remote meetings by telephone or video conferencing if required.
A Lasting Power of Attorney (LPA) is a legally binding document which allows you to appoint someone who you trust to make decisions on your behalf in relation to your healthcare and/or finances.
A Lasting Power of Attorney (LPA) gives you control over what happens if you have an accident or suffer from an illness and can no longer make your own decisions. If you lack mental capacity an LPA can ensure that your finances are still managed and decisions can be made regarding your welfare.
People make a Lasting Power of Attorney (LPA) to provide themselves with protection and to ensure their wishes are respected should they be unable to make decisions themselves.
There are two types of Lasting Power of Attorney (LPA):
Health & Welfare - which relates to health and welfare decisions
Property & Finance - which covers property and financial affairs.
You can make an LPA for one or both areas depending on your needs.
You can also choose whether it takes immediate effect or only in the event you become unable to make decisions for yourself in the future.
What We Can Do
We can provide legal advice and prepare Lasting Powers of Attorney (LPAs) in accordance with your wishes and instructions to protect your interests. We can act as a Certificate Provider to certify you are able to enter a Lasting Powers of Attorney (LPA) and we can register the LPA with the Office of the Public Guardian to ensure there is a public record of this.
If it is more convenient for us to visit you at home, then this is a service we may be able to offer you. We also offer remote assistance by Skype and telephone if necessary.
Alongside our LPA service, we advise and assist in relation to Wills & Inheritance work to ensure that your assets and estate are distributed in accordance with your wishes if you were to pass away.
Our Past Cases
Below are some will cases we have conducted in the past:
Prepared property and financial Lasting Power of Attorney (LPA) for a client to allow her daughter to be able to access her bank accounts immediately.
Prepared a Health and Welfare Lasting Power of Attorney (LPA), as well as a Property and Finance Lasting Power of Attorney for a husband and wife to appoint their three children to act jointly as their Attorneys.
Revoked Lasting Powers of Attorney (LPA) for a client and prepared replacements to reflect their new wishes and appoint a different Attorney.
What We Offer You
Out of Hours
Frequently Asked Questions
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that lets you (the Donor) appoint and give legal authority to one or more people (known as Attorneys) to make decisions on your behalf. An LPA gives you more control over what happens to you if you lack mental capacity in the future and can no longer make your own decisions.
There are two types of LPA: Health & Welfare which relates to health and welfare decisions and Property & Finance which covers property and financial affairs. You can make an LPA for one or both areas depending on your needs.
How long does it take to prepare and register a Lasting Power of Attorney?
Preparing a Lasting Power of Attorney can be relatively quick and usually takes 14 – 21 days. Once the Lasting Power of Attorney has been prepared and signed by all required people, it must be registered with the Office of the Public Guardian. Registration can take up to 10 weeks.
Can I end my Lasting Power of Attorney?
If you still have mental capacity to make such decision, then of course you can end your Lasting Power of Attorney. In order to do so, you would need to send the Office of the Public Guardian the original LPA(s) alongside a written statement called a deed of revocation. The deed of revocation must be signed, dated and witnessed.
Who should make a Lasting Power of Attorney?
Everybody over 18 should consider preparing a Lasting Power of Attorney, not just the elderly. It is a common misconception that Lasting Powers of Attorney are only relevant to those over a certain age.
However, regardless of health, consideration should be given to making a Lasting Power of Attorney because life circumstances can change at any time and it is better to be prepared and have measures in place for such eventualities.
When should you prepare a Lasting Power of Attorney?
You can only enter into a Lasting Power of Attorney whilst you are of sound mind and are capable of making decisions for yourself. If you lose mental capacity and do not have a registered Lasting Power of Attorney, then this can cause an array of difficulties for your loved ones. Lasting Powers of Attorney should therefore be entered into as soon as possible and you should not delay preparing them.
What happens if I lose mental capacity but do not have a Lasting Power of Attorney in place?
In order for your finances to be dealt with and for health and welfare decisions to be made without a Lasting Power of Attorney in place, someone would need to apply to the Court of Protection to become a Deputy. This is an extremely lengthy and costly process.
It should also be noted that if it got to this stage you would have lost control over the process and you would have no power to choose who is appointed as your Deputy. It is therefore entirely possible that somebody you would not wish to act as Deputy is appointed to manage and deal with your person affairs. To avoid such situation you should prepare Lasting Powers of Attorney in advance.
Why prepare a Lasting Power of Attorney?
A Lasting Power of Attorney gives you more control over what happens in the event that you lack mental capacity in the future and can no longer make your own decisions.
A Lasting Power of Attorney allows you (the Donor) to choose one or more people (the Attorneys) to look after your affairs. Attorneys must follow the principles of the Mental Capacity Act and must importantly they must always act in your best interests.