Lasting Power of Attorney

Life’s unpredictable nature requires us to prepare for the future, ensuring our wishes and needs are respected even when we might not be able to articulate them ourselves.

It is a common misconception that family or friends can automatically manage your affairs if you become mentally incapacitated, including bill payments, property sales, and medical care decisions. This is not true; even spouses and children have no automatic legal authority in these matters.

A Lasting Power of Attorney (LPA) is essential. It is a legal document allowing someone you trust (your Attorney) to take care of your property, affairs, and personal decisions if you’re ever mentally unable to. You can choose more than one Attorney and even a Replacement Attorney for times when the primary one cannot act, with the choice to have them work together or independently.

Without an LPA, your family would have to go through an expensive and complex process to get a Deputyship Order from the Court of Protection, which means you lose control over who handles your matters. Think of an LPA as a form of insurance; set it up while you can make clear decisions, knowing your matters will be handled by someone you trust if needed.

Types of LPA:

Property and Financial affairs LPA: This grants your Attorney the authority to handle your financial matters such as:

• buying and selling property on your behalf
• investing money
• paying bills
• collecting your benefits or pension
• running your business

Health and Welfare LPA: This can only be used by your Attorney once you have lost mental capacity. It provides your Attorney with legal authority to make decisions about matters such as:

• where you should live
• what type of medical treatment or nursing care you receive
• what you should eat
• who you should have contact with
• what kind of social activities you should take part in

You can also give special permission to your Attorney to make decisions about life-sustaining treatment on your behalf.

Having both types of LPAs in place provides a comprehensive safety net, covering all aspects of your well-being and ensuring that your affairs are managed according to your wishes. If you own a business, having an LPA in place can often prove to be extremely useful, as it usually allows your business to continue operating smoothly if you ever become mentally incapacitated.

We are able to advise on the setting up of an LPA for both Property and Finances and Health and Welfare discussing in detail the available options. We can also assist with the registration of LPAs if not already registered and with the registration of Enduring Powers of Attorney (EPA).

Where a client lacks the necessary capacity to execute an LPA we have vast experience in making applications to the Court of Protection for the appointment of a Deputy or to provide directions on particular matters.

We can also deal with the day-to-day administration of a client’s affairs under either an LPA an EPA or a Deputyship order. We are regularly appointed as attorneys and deputies but can also assist those clients who have been appointed themselves. Please contact our team today for further advice on how we can help.