Lasting Power of Attorney Solicitors
Giving you peace of mind that someone you trust is in charge of your affairs
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Helping you give someone power of attorney
If you or someone you love loses mental capacity in the future and are unable to make decisions about your own affairs, you will need a Lasting Power of Attorney (LPA). This ensures that a person you trust receives legal permission to make decisions for you if you are unable to, meaning you know your future is protected.
At Goughs, similar to our excellent will services we can provide a power of attorney solicitor to you so you can be sure you and your loved ones are well represented.
Two types of Lasting Powers of Attorney
Health & Welfare
This LPA can be used to give an Attorney the power to make decisions about things like:
Giving or refusing to consent to medical treatment
Your medical care and accessing your medical records
Where you will live and with whom
Decisions on your care plan including your diet, and how you spend your day
Property & Finance
Use this LPA to give an Attorney the power to make decisions about your money and property such as:
Access and use bank accounts
Managing investments
Paying your bills
Buying or selling property
A health and welfare LPA can only be used when you’re unable to make your own decisions. Where as a property and financial LPA can be used either before or after you lose the mental capacity to make your own decisions unless the LPA specifically states otherwise.
For both Lasting Powers of Attorney, you can restrict the types of decisions your attorney can make. Speak to our power of attorney solicitors to learn more.
Peace of mind through a difficult time
When it’s time to start considering your options, there are a few things you need to consider; Goughs are here to help you understand what’s available to you, and ensure making a lasting power of attorney is as straightforward for you as possible.
There are two types of LPA’s; Health and Welfare and Property and Financial. Each has different responsibilities so it’s important to understand which option works for you and how best to structure each power of attorney. If you have any questions, or need help clarifying anything, our power of attorney solicitors are here to support you through every step.
Related reading: Court of protection disputes | Making a will | Deed of variation
How our Power of Attorney Solicitors can support you
Our team can support you through the various steps required to create a lasting power of attorney that reflects your wishes:
Understanding the different types of powers for attorneys
Helping choose the right attorney for you
Helping your attorneys complete their paperwork
Advising the best structure for your document
Drafting the lasting power of attorney with clauses bespoke for you
Registering your lasting power of attorney with the Office of the Public Guardian
Lasting power of attorney and probate
Probate is the legal right to deal with someone’s estate after they have died, whereas a lasting power of attorney means nominating a person to manage another person’s affairs while they are still alive.
So it’s important to understand if you have been appointed as an attorney for a loved one, this will end once they have died. After their death, responsibilities relating to this person’s estate will pass to the executors named in their will, or their closest living family member if no will exists.
If you’d like to speak to us about making a will, please get in touch. Additionally, we can provide you with a solicitor specialising in lasting powers of attorney to help you better understand the options available to you and your loved ones.
Lasting Power of Attorney FAQs
You might fall ill, suffer an accident, or lack the mental capacity to make these decisions by yourself. It’s comforting to know you’ll have somebody there to make these decisions for you.
For more information on creating an LPA, please click here.
The person appointed to act on behalf of the donor is called an Attorney. Anyone can be an attorney, as long as: they are capable of making decisions, and. they are 18 or over.
Yes – it is possible to place restrictions within the LPA document to limit what your Attorney can do on your behalf. It is also possible to offer written guidance to your attorneys, should you wish to do so.
For more information on acting as an Attorney, please click here.
A Will and a Lasting Power of Attorney are separate documents. A Will only takes effect after death. A Power of Attorney relates to a person’s lifetime affairs and the document ceases after death. Learn more about making a will.
There is never a “right time” or “the perfect time” to create your Lasting Power of Attorney. Our advice…the sooner, the better! Once your LPA is created, you have piece of mind. You have to have capacity in order to register your LPA and as none of us know what is going to happen tomorrow, if we wait for the “right time”, it may never come.
To make your LPA you’ll have to be over 18 and still have the mental capacity to do so.
Many people consider that setting up the LPA can be done without legal help, but we consider it is best to seek legal advice, given that the LPA is such a powerful and important legal document.
A lawyer can also act as your Certificate Provider (confirming your mental capacity) and witness your signatures throughout the document, saving you another job.
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