lasting powers of attorney
what is a lasting power of attorney?
a Lasting Power of Attorney (otherwise known as an LPA) allows you to appoint a person you trust to act on your behalf if you are no longer able to manage your affairs personally. These people are known as your attorneys and you can give them the legal authority to make decisions relating to your property and financial affairs and your health and welfare.
LPAs need to be registered with the Office of the Public Guardian before they can be used.
why should you have a lasting power of attorney?
in the event that you lose capacity or for any other reason are unable to manage your own affairs, no one automatically has the legal authority to act on your behalf or even assist you unless you have a power of attorney in place. It would be left to the court of protection to decide who should make decisions on your behalf meaning it may not be someone you trust or even someone you know. By making a lasting power of attorney you are taking control of your future.
how can we help you put LPAs in place?
we can assist you with the preparation of the LPAs and also provide guidance on who to appoint as your attorneys, whether they should act together or independently and advise on the preferences you can put in place for how you want your attorneys to act. We will also ensure that the documents are signed and witnessed correctly so that there are no issues with registration. As part of our fixed fee we will deal with the registration process on your behalf. Please note there is a separate registration fee charged by the Office of the Public Guardian of £82 per document.
what if you have an Enduring Power of Attorney?
these were the previous style of lasting power of attorney before the new versions came in in 2007. We can review these for you to ensure they are still valid and the attorney(s) you have appointed are still appropriate. We can also discuss whether a Health and Welfare Lasting Power of Attorney may be necessary as Enduring Powers only cover financial matters.
if your loved ones have an Enduring Power of Attorney in place appointing you as an attorney and you believe they may be starting to lose capacity, then now is the time for the document to be registered. We can assist you with that process and ensuring the relevant people are notified to comply with the legal requirements.
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