Appointing a lasting power of attorney will ensure you’re always protected.
Although it may not feel nice to think about, preparing for potential future incapacity is a wise and proactive step. Our solicitors help you create comprehensive powers of attorney that protect your interests, ensuring your financial and health decisions are managed according to your specific wishes.
FAQs
Lasting powers of attorney (LPA) are documents that allow someone you have appointed to make important decisions on your behalf when you lack the mental capacity, for example, if you have developed dementia.
For a lasting power of attorney to be valid, you must have mental capacity when making the power of attorney.
Lasting powers of attorney can be split into two forms, which are:
1. Health and welfare
Health and welfare LPAs delegate decisions about:
2. Financial affairs
Financial affair LPAs delegate decisions about:
You can appoint an attorney to make decisions on your behalf regarding both health and welfare and financial affairs.
Enduring powers of attorney are now only valid if they were made and signed before 1 October 2007.
Lasting powers of attorney have since replaced enduring powers of attorney.
Lasting powers of attorney provide you with protection and peace of mind should you lose the ability to make decisions for yourself or lose mental capacity. They also put you in control of appointing exactly who will make these decisions on your behalf, allowing you to choose attorneys that you know have your welfare in mind.
A lasting power of attorney allows you to determine:
To get a lasting power of attorney, you will need to follow the following three stages:
1. Choose your attorney. You can appoint more than one lasting power of attorney.
2. Complete the relevant forms. The relevant forms you need to complete depend on whether you want to appoint a lasting power of attorney for health/ welfare or finance.
3. Register and pay for your lasting power of attorney with the Office of the Public Guardian.
When appointing a lasting power of attorney, you must complete each of the above stages correctly.
Lasting powers of attorney is a protective measure that can only be put in place when you still have mental capacity. Therefore, if a loved one has lost mental capacity, and they haven’t appointed a lasting power of attorney, you can apply to become a ‘deputy’.
A deputy is a person appointed by the Court of Protection to be legally responsible for someone who lacks the capacity to make decisions for themselves, where there is no lasting power of attorney.
You can apply for a power of attorney yourself by following the government guidelines.
In some circumstances, instructing a solicitor to execute your lasting powers of attorney is the best option. Some ways a lasting power of attorney solicitor can help include:
Call, email or provide us with a few details of your matter, and we’ll help you arrange an initial consultation. You’ll get:
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