A Lasting Power of Attorney (LPA) is an important part of planning for the future. It will give your loved ones the authority to make decisions for you should you ever lose the ability to make them yourself.
Putting an LPA in place will ensure that, if it is ever necessary, you will have the help and support you need.
At Toner Legal, our experienced Lasting Power of Attorney solicitors can draft an LPA that will provide you with protection, giving your chosen attorneys the authority they need to deal with your affairs.
We provide advice on the process and guidance on what you can include. We will make sure that you have clear explanations, that you fully understand the implications of an LPA and that we answer any questions you may have.
To speak to one of our expert Lasting Power of Attorney solicitors, call our team on 0207 118 9218 or complete a Free Online Enquiry and we will contact you.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document giving one or more representatives, known as attorneys, the authority to make decisions on your behalf. Should you ever become unable to deal with financial, property or healthcare decisions yourself, your attorneys can use the power given to them under your LPA to manage matters for you.
Why you need a solicitor for an LPA
It is important to have the guidance of an experienced LPA solicitor to ensure that the document is clearly drafted and that you understand exactly what authority you are giving your attorneys. You can set out what decisions you are permitting them to make on your behalf and include restrictions if you wish. For example, if you have two attorneys, you may be happy for them to make everyday decisions individually, but for larger decisions such as the sale of your property, you can require them to make the decision jointly.
If you ask us to represent you, we will go through your options with you and ensure that your LPA accurately reflects what you want to happen.
Types of Lasting Powers of Attorney
There are two types of LPA:
- Health and welfare LPA; and
- Property and financial affairs LPA
Health and welfare LPA
A health and welfare LPA can give your attorneys the power to make decisions in respect of your care. This could include:
- Where you will live
- What your daily routine will be
- Who you will see
- What medical treatment you will receive and what will be declined on your behalf
A health and welfare LPA can only be used by your attorneys if you lose the ability to make decisions yourself.
Property and financial affairs LPA
A property and financial affairs LPA gives your attorney authority to deal with a range of matters, such as:
- Managing your bank account, paying bills and receiving benefits
- Dealing with investments
- Maintaining and insuring property
- Selling property
If you want, you can allow your attorney to use a property and financial affairs LPA while you still have capacity.
How we can help
Our LPA solicitors can guide you through the process of deciding what authority to give to your attorneys and discuss issues such as how many attorneys to have and how to choose the right individuals. We can put replacement attorneys in place and talk to you about having a professional attorney if you do not have anyone who is able to take on the role.
We will go through the powers with you in detail and ensure that your LPA is set up in the best way possible to give you the right support, should you ever need it.
Lasting Power of Attorney FAQs
How do I choose an attorney for my LPA?
It is important to choose someone whom you believe will have the time and ability to take on the role. It needs to be someone you trust completely, whom you believe will keep your best interests in mind and make the decisions they feel you would want.
It may be better to choose someone younger than you, so that there is a better chance that they will be able to do the job. Your property and financial affairs attorney must be someone who has a sound financial track record and whom you feel will be able to manage your finances properly.
The job can be time-consuming, and you need to take this into account when appointing your attorney. You can choose a professional attorney if you prefer. This is usually an experienced LPA solicitor who will charge for their time. Non-professional attorneys cannot make any charge for acting.
How do I register an LPA?
An LPA must be registered with the Office of the Public Guardian (OPG) before it is used. It is a good idea to register it as soon as it has been made so that it is ready to use, as it usually takes the OPG several weeks to deal with a registration.
If you ask us to draw up your LPA, we can deal with the registration on your behalf. The LPA is sent to the OPG with their registration fee and anyone whom you have chosen to be notified of the LPA will be formally told that it is being registered.
What happens if someone loses mental capacity and they do not have an LPA?
You need to be able to understand the implications of making an LPA to be able to sign it. It may be the case that an individual has good days when they have the mental capacity to sign an LPA. We can discuss this with you and ensure that we obtain evidence from a medical expert confirming capacity if there is any doubt.
If someone no longer has the ability to sign an LPA, then it will be necessary to apply to the Court of Protection for a deputyship order. This is a more complex process than obtaining an LPA, there are more restrictions, it is more expensive, and there is more ongoing supervision, so where possible, it is preferable to put an LPA in place in advance of any loss of mental capacity.
Contact our Lasting Powers of Attorney solicitors
We always recommend that everyone puts LPAs in place as part of their future planning. Our experienced team members can guide you through the process, ensuring that your loved ones have the authority they need to help you, should this ever be necessary.
To speak to one of our expert Lasting Power of Attorney solicitors, call our team on 0207 118 9218 or complete a Free Online Enquiry and we will contact you.