Lasting Power of Attorneys
At some point in the future an individual may suffer some form of physical or mental incapacity which prevents them from effectively managing their own affairs. This could be through an accident, illness, mobility difficulties or simply that you would rather have assistance or leave decisions to a trusted family member or friend.
Lasting Powers of Attorney (LPA) allow you to legally appoint someone you trust to make decisions on your behalf. It is now possible to create 2 different types of Lasting Power of Attorneys.
• Property and Affairs LPAs for decisions about finances, for example in relation to bank accounts, utility companies and property
• Personal Welfare LPAs for decisions about welfare and health, such as where you live and what care and medical treatment you might receive. At present your next of kin can only be consulted when you are unconscious or mentally impaired. You may wish to have someone other than your next of kin making such decisions or have an Attorney assist with decisions whilst you still have capacity.
Lasting Power of Attorneys must be registered with the Office of the Public Guardian before they can be used and a suitably qualified person must also give a Certificate to confirm that you understand the LPA that you are creating.
We can prepare the Lasting Power of Attorney, act as Certificate provider and register the LPA on your behalf. We will explain the whole process to you and advise your nominated Attorneys as to their role. We offer a fixed fee service and our initial appointment with you is free.
If you have an existing Enduring Power of Attorney then this will still be valid.
If someone has already lost the ability to manage their own affairs we can also assist and advise on Deputy applications to the Court of Protection. The person appointed by the Court may not be the person that you would have wished to handle your finances and welfare. The application costs and ongoing supervision and accounting requirements are also a significant expense. We would always recommend you to create a Lasting Power of Attorney to avoid this.
If you require any further information or would like to arrange a free consultation either at one of our offices or in the comfort of your own home, nursing home or hospital, then please contact our Wills team at your local office who will be happy to assist you.