Lasting Powers of Attorney
A Lasting Power of Attorney is a legal document that gives an individual (the Attorney) the legal authority to make health, welfare, and/or financial decisions on behalf of another party (the donor).
It is different from a standard Power of Attorney because the arrangement is intended for a longer term basis and will often only come into effect when the donor no longer possesses the mental capacity to manage their own affairs. If the donor wishes for the LPA to come into effect right away, they can request this.
Putting a Lasting Power of Attorney in place can help you prepare for a future time when your health may unfortunately decline. If you become unable to make decisions about your financial and welfare matters, your appointed Attorney would then be able to do this for you.
We realise that these matters can feel stressful and emotional, and we will always handle your legal needs with care, listening carefully to your concerns.
Types of LPA
It is possible to appoint a Property and Financial Affairs Attorney, a Health and Welfare Attorney, or both, depending on your needs. Regardless of which type you choose; we can help you to ensure that your LPA reflects your circumstances and individual requirements.
If you have been asked to act as an Attorney for a loved one and require legal support, we can help you by providing guidance and legal advice based on your duties.
If you already have an LPA in place, and you need to review your Powers of Attorney, for instance, because your circumstances have changed, we can assist you here too.
For more information, please get in touch with our LPA solicitors today.
Who will work on your LPA matter?
A fully qualified lawyer. Your matter will either be handled or supervised by a solicitor with at least 10 years’ experience in this area of work. Some areas of work may be supported by our Paralegal team. Administrative duties will be undertaken by our support staff. As Head of Private Client, Adele Bebbington-Plant has overall responsibility for the supervision of all work carried out by her team.
Frequently Asked Questions
When you have a LPA, your Attorney will have the power to make certain financial decisions on your behalf, however, they will not have the power to make changes to your Will, nor override the content of your Will. An LPA is a document that assists you during your lifetime and comes to an end on death.
If a person does not have a Will, and they do not have the mental capacity to make one, an appropriate family member will have the opportunity to create a Statutory Will on their behalf. To do so, that family member will need to apply to the Court of Protection.
Our Will and Power of Attorney solicitors can assist you if you need to apply to make a Statutory Will.
There are two types of Lasting Powers of Attorney: Financial and Property Affairs LPAs and Health and Welfare LPAs.
In many circumstances, a person may require both types of LPA, and it is an option to have one individual act in both roles.
The responsibilities depend on the type of LPA and the specific powers that they are granted.
As an example, a Property and Financial Affairs Attorney would typically have the following powers:
- Managing the individual’s bank accounts
- Selling their property
- Paying bills and debts on their behalf
- Making decisions about the individual’s pension
A Health and Welfare Attorney would typically have the following powers:
- Managing the individual’s daily routine
- Making decisions regarding where the individual lives, for example, the option of living in a care home if they can no longer live at home
- Making decisions regarding medical treatment
If you would like to make either type of LPA, our Power of Attorney lawyers can provide all the support you’ll need.
How much you will pay for a Power of Attorney, or LPA, depends on the type of LPA and the legal support needed.
In most cases, we will be able to offer fixed fees for setting up a LPA. In other circumstances, including those more complex, we will instead charge an hourly rate. To discuss your fees today, please contact our friendly team.
Plan Ahead with Confidence
A Lasting Power of Attorney gives you peace of mind that, if the time comes when you can’t make decisions for yourself, someone you trust can step in. Whether you need to set up an LPA, review an existing one, or have been asked to act as an Attorney, our specialist solicitors will guide you every step of the way with care and clarity.
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Put the right plans in place today to protect yourself and your loved ones tomorrow.