Our guide to: Lasting Powers of Attorney

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) enables you to appoint someone (known as your Attorney) to make decisions on your behalf.  An LPA is often used at a time when you lose your mental capacity e.g. through illnesses such as Alzheimer’s or dementia.

The decisions your Attorneys can make include managing your bank accounts, paying the bills, making arrangements for your care, medical treatment or selling your property.

When should you make an LPA?

Ideally, as soon as possible! Although associated with old age, mental illness and accidents can strike at any point.  Even if you have a temporary illness or a stay in hospital, managing your affairs can prove difficult.  Many believe their husband/wife, partner or next of kin automatically has the authority to deal with their affairs.  This is a myth!

An LPA can act like an insurance policy giving you piece of mind should the worst happen.  Like most insurance policies the key is to put it in place before the event.

What if I don’t make an LPA?

The law states you need to have mental capacity (sound mind) to make an LPA.  If it is too late, your loved ones will not be able to make an LPA on your behalf.

Their only option will be to apply to the Court of Protection for a Deputyship Order. The Court procedure can take up to 12 months and can prove to be quite costly in Court and legal fees.

Although we would always prefer you to have an LPA, if applying to the Court is your only option our specialist team is on hand to help.

What type of LPA can you make?

There are two types of LPA:

  • Property & Financial Affairs
  • Health & Welfare

You can have different Attorneys for each LPA.  Below is a list of the main functions of each LPA.

Property & Financial Affairs

  • Manage your bank accounts
  • Manage your investments
  • Collect your pension
  • Ensure all bills are paid
  • Deal with your home

Health & Welfare

  • Arrange for care in your home
  • Arrange residential/nursing care
  • Arrange your therapeutic needs
  • Give consent for medical treatment
  • Give consent for life sustaining treatment (optional)

Who should you choose as your Attorney(s)?

An Attorney can be anyone who is over the age of 18 years and is of sound mind.  You should appoint someone you trust and who has a good understanding of your affairs.  You can appoint more than one Attorney.

Remember, you choose who deals with your affairs.  Leave it too late and anyone can apply to the Court!

Activating your LPA

To use an LPA it has to be registered at the Office of the Public Guardian (OPG).  Registration can take place at any point, although many choose to register straight away.  Our team is on hand to assist with the application process.

Fees

We are pleased to offer a range of fixed fee packages to suit your circumstances.

Meetings

Our office hours are Monday to Friday 9am to 5.15pm

We have ground floor meeting rooms and disabled access to our office

 Please call 02392 505 500 to arrange your consultation