Lasting Powers of Attorney

A Lasting Power of Attorney enables you to choose one or more people to make decisions on your behalf if there comes a time when you can no longer do so.

Having a Lasting Power of Attorney means your family will not have to go through the lengthy and costly process of applying to the Court of Protection for permission to make decisions on your behalf. Decisions that cannot wait, like those relating to bills or medical care, can be made immediately if you have a Last Power of Attorney (LPA).

An LPA is only legally valid if it is:

  • created while you have mental capacity
  • registered with the Office of the Public Guardian.

Types of LPA

There are two types of LPA: a health and welfare LPA and a property and financial affairs LPA. You might decide to have just one type of LPA, or both. You can choose different attorneys for each if you wish.

A health and welfare LPA will only come into effect if you lose mental capacity. It gives your attorney (or attorneys) the legal right to make all the decisions about your day-to-day life and care. This includes everything from what you eat to the medical treatment you receive.

A property and financial affairs LPA can be used as soon as it is registered with the Office of the Public Guardian, provided you give permission. This LPA gives your attorney(s) the right to make financial decisions on your behalf. If you have more than one attorney, you might set the condition that large financial transactions, like selling property and shares, can only be carried out if they both agree.

Making an LPA

Creating an LPA can provide you with peace of mind. You know that if there comes a time when you cannot make decisions, those you trust can do so for you.

Our experienced solicitors can draft an LPA that protects your interests and ensures your wishes are followed. We can guide you through the process, helping you to consider different eventualities and advising you on your attorney’s duties and responsibilities.

To make a Lasting Power of Attorney enquiry please contact us today.

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