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Lasting Powers of Attorney

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Protect your interests, whatever the future holds

A Lasting Power of Attorney (LPA) is a legal document which allows you to name one or more people to act on your behalf if you are no longer able to make decisions for yourself

When you put an LPA in place, you appoint someone to help you make decisions, or to make decisions for you, if you are unable to do so

There are two types of LPAs: - a Lasting Power of Attorney (LPA) for property and financial affairs, and an LPA for health and welfare. They work the same way but deal with different parts of a person's estate and require different documentation.
A Property and Financial Affairs LPA allows your attorneys to make decisions for you about your bank accounts, investments, your home and other properties, your pensions and anything else which you own.
A Health and Welfare LPA allows your attorneys to be able to make decisions about your day-to-day care, such as where you should live, and what medical treatments you should receive. You can also give your attorneys authority to be able to refuse consent to life sustaining treatment on your behalf if you wish.
You are able to tailor both types of LPA to your own individual circumstances and to your own particular wishes and values.

Whatever your circumstances we will tailor your LPA to suit

Read our case studies for more on how support clients to put in place Lasting Powers of Attorney

Why put in place Lasting Powers of Attorney?

If you lose the ability to manage your own affairs due to illness or accident, your spouse or partner will not be able to access your assets or manage your affairs – unless you have a Lasting Power of Attorney. Without one, your family would need to apply to the Court of Protection to enable them to put in place arrangements for you and access benefits and payments on your behalf.
You can only put in place an LPA when you can make decisions for yourself (known as having 'mental capacity'), so you should consider your options at the earliest opportunity.

Every client is valued equally and treated with genuine compassion.

Legal 500, 2019

Why do you need a Lasting Power of Attorney?

    to make sure your finances and welfare will be taken care of if you are unable to make decisions for yourself
    to choose trusted individuals to make decisions for you
    to think through your future at a stage when you can give consent, saving time for those who may need to make decisions for you later

Putting your health, your finances and your future in responsible hands

Lasting Powers of Attorney (LPAs) are important at any stage of life. For an older person, care fees may need to be funded, while a younger person with a dependant family could need school fees or the mortgage paid. Having someone in place to do this is essential, and will mean that there is always someone who can, amongst other things, manage your investments so they do not lose their value, pay day-to-day expenses, and, if necessary, sell property.
Our specialist Solicitors are highly experienced in advising on LPAs and know the many pitfalls of completing the necessary documentation. LPAs give your attorneys a large amount of power over your affairs and should therefore not be rushed. By taking the time to identify your priorities, we can write bespoke LPAs that reflect your personal circumstances.
This will mean your attorneys will have all the appropriate powers and relevant guidance to ensure that they can make decisions for you which you would have made for yourself if you had been able to do so.
If you would like more information on how we can help you, please contact us.

Lasting Powers of Attorney FAQs

  • What is the purpose of a Power of Attorney?

    A Lasting Power of Attorney ("LPA") is a legal document in which someone (the donor) gives another person (the attorney) the authority to make a range of decisions on the donor’s behalf. The types of decisions they can make will depend on which Lasting Power of Attorney (LPA) is in place. For example, an LPA for Property & Financial Affairs enables an attorney to look after the donor’s bank accounts and buy and sell property, whereas an LPA for Health & Welfare enables an attorney to decide on the donor’s medical treatment or care. A business LPA enables an attorney to look after the donor's business.

  • What is a Personal LPA - Property and Financial Affairs?

    An LPA for Property & Financial Affairs enables an attorney to look after the donor’s bank accounts and buy and sell property, by way of example.

  • What is a Personal LPA - Health and Welfare?

    An LPA for Health & Welfare enables an attorney to decide on the donor’s medical treatment or care.

  • What is a Business LPA?

    A Business LPA will enable the donor to appoint someone to undertake specific tasks in certain specified situations which the donor can define. These situations may include if the donor is abroad and likely to be unattainable for a period of time, has an accident which makes the donor unable to run their business or has an incapacitating medical condition. It may provide the donor with some reassurance that their business can carry on.  

  • Who can override a Power of Attorney?

    When there’s a disagreement over whether the donor had the mental capacity to complete the LPA and when the attorney is seen to be dealing with the donor’s affairs incorrectly, it is possible to challenge decisions made by the attorney. Disputed decisions often concern attorney's investment decisions, sale or management of the donor's property, nursing care or gifts. This is a specialist area and you should consult a Solicitor who will assist you in resolving any concerns.

  • When does a Power of Attorney end?

    An LPA remains valid up until the donor's death. However, this is only the case if the attorney’s circumstances remain the same. Should the attorney lose mental capacity, divorce the donor (where they are married), become bankrupt, get removed by the Court of Protection or die, the LPA may end. The donor can end the LPA provided they have the mental capacity to make that decision. 

  • How do I use a Lasting Power of Attorney?

    To use an LPA, the document will need to be registered at the Office of the Public Guardian and presented to the relevant organisations.
    A certified copy of the LPA will usually suffice. Additional proof of identity may be required before the attorney can begin acting. 

Contact The Burnside Partnership

For more information on our services or how we can help, please get in touch.