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.
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?
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.