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Senior Partner | Head of Contentious Probate and Trusts
A Lasting Power of Attorney (LPA) enables you to give someone the legal right to deal with your affairs if you lose mental capacity. It's important to remember that you can only make a Lasting Power of Attorney when you still have mental capacity.
Our solicitors have considerable experience and expertise in drafting and processing the application for the registration of these complex legal instruments. Our service includes full consideration of all the alternatives, an assessment of comparative costs and the possible risks involved in not making one.
We ensure that the Lasting Power of Attorney reflects your individual needs and requirements and we do this by taking the time to speak with you at length to fully understand your circumstances and wishes. We pride ourselves on providing sensitive accurate and professional advice for clients of all ages but particularly the elderly who wish to consider their options.
About Lasting Powers of Attorney
The person making the Power is called “The Donor” and the person or people being appointed are called “Attorney(s)”. The appointment is said to be “Lasting” because it continues after the point when the Donor is no longer able to make decisions for themselves.
There are two separate types of Lasting Powers of Attorney:
Welfare : The Welfare Lasting Power of Attorney allows the Attorney(s) to make decisions about the Donor’s care and health care. This can mean anything from day to day decisions to making decisions about long term care and, depending on the instructions of the Donor, consent or refusal of life saving treatment.
As these types of decisions are particularly personal, the Attorney(s) can only make choices on behalf of the Donor when the Donor is not able to make that decision for him or herself. The Attorney(s) need to allow the Donor to make as many decisions as possible and to allow the Donor to be included as much as possible in each decision to be made.
Property & ﬁnancial affairs : The Property and Financial Affairs Lasting Power of Attorney allows the Attorney(s) to make decisions about the money and assets of the Donor on the Donor’s behalf. This can include operating a bank account and investments, purchasing or selling property, and making gifts on behalf of the Donor.
Whether you choose one type of Lasting Power of Attorney or the other or you decide to have both, your chosen Attorney(s) can only act after the Lasting Power of Attorney has been registered with the Ofﬁce of the Public Guardian. As the decisions to be made in each case are quite different you may want to chose different people to be Welfare Attorneys from the people you might choose to be your Property and Financial Affairs Attorneys. In either case being an Attorney is a position of immense trust, so whoever you chose needs to be somebody you know you can trust.
As part of the process for appointing an Attorney of either kind you can include speciﬁc instructions and guidelines and restrictions as to how they are to act. Even so you are still potentially handing over signiﬁcant decisions to someone else.
Making a Lasting Power of Attorney
The statutory forms and the procedure is quite complex and there are a number of variations within each Lasting Power that you need to be aware of when making these decisions.
Get in touch with us if you would like to begin the process of drafting a Lasting Power of Attorney application, with the view to registering this Power. To help with this process, please complete our instruction form.
Lasting Power of Attorney Instruction Form [link to the PDF]
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