A Lasting Power of Attorney ("LPA") is a formal legal document, registered at the Office of the Public Guardian, enabling you to give someone the legal power to act or make important decisions about you if you are incapacitated or to deal with financial matters for you.
Solicitors for a Lasting Power of Attorney
With over 70 specialist lawyers, located in over 30 offices around England & wales (with 10 in London alone) you can rely on our experience and cost efFectiveness in advising on and preparing Lasting Powers of Attorney. We advise clients on all the options, draft the documents and ensure wishes are clear.
Our fees are competitive and we are one of the UK's fastest growing law firms. Clients tell us that they find our service oriented approach refreshing and that our lawyers are empathetic as well as highly professional.
When to consider getting a Lasting and Power of Attorney and reasons why
There may come a time when you are unable to make decisions about your financial affairs or health and wellbeing. You can only enter into an LPA when you have the mental capacity to do so. Your friends or family do not automatically have the legal authority to manage your affairs if you suffer an accident or you have lost mental capacity due to deteriorating mental capacity.
There re 2 types of lasting power of attorney. With a health and welfare lasting power of attorney, this only applies where you cannot make decisions for yourself. The other type relates to financial affairs and, once registered means that your attorneys have the legal power to act on your instructions even if you are mentally capable. It will also apply if and when you can no longer make decisions for yourself.
An LPA allows you to plan and ensure your interests are safeguarded with legal authority given by you to the people you trust the most.There are a number of reasons why you might need someone to make decisions for you or act on your behalf, for example:
- You may be going into hospital and need help with everyday things such as making sure that bills are paid.
- You may need to make more long-term plans if, for example, you have been diagnosed with dementia.
- You want to ensure that if you are seriously ill legal authority and decisions are not left to doctors.
The role of an attorney is one of great responsibility, so it is important that you make the right decision when choosing your attorney(s). This includes deciding how they should act and what powers to give them as they will be considered your public guardian.
What happens if there is no LPA?
Without an LPA in place, if you become incapacitated, family members can make an application to the Court of Protection to be appointed to act as a Deputy (this is the name given to the role where no LPA is registered) on your behalf. The role is similar to the role of an appointed Attorney but involves court oversight. The process can be expensive and take many months, and in that period, if important decisions need to be made about health and welfare, an emergency application to court will be required.
Many of us will reach a stage in life where we may not have the physical or mental capacity to make the decisions necessary about finances or welfare. A Lasting power of attorney ensures preparations are in place should that time ever arrive.
Ways in which we can advise and assist include :-
- preparing and registering the LPA paperwork
- advice where you are a relative and think there are grounds for an LPA to be revoked
- legal advice for attorneys
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