Power of Attorney – Solicitors

Expert Guidance on Setting Up a Lasting Power of Attorney

nurse with man in wheelchair - power of attorney

Power of attorney services for individuals and families

If you are considering whether or not a power of attorney is necessary either for your own personal needs and peace of mind or for a relative who is perhaps elderly or where there are concerns about mental capacity, please contact us for an initial free telephone consultation.

What is a Lasting Power of Attorney (LPA)?

This is a legal document which lets you appoint someone to make decisions on your behalf. It is most commonly used when somebody is unable to make their own decisions.

There are two types of Lasting Power of Attorneys:

  • health and welfare
  • property and financial affairs

You can choose to either make one type of LPA or both.

What is a Health and Welfare Lasting Power of Attorney?

This allows you to choose one or more people to make decisions about things concerning your health and welfare, for example:-

  • your daily routine (eg eating and what to wear)
  • medical care
  • moving into a care home
  • refusing life-sustaining treatment

This Lasting Power of Attorney can only be used once someone is unable to make their own decisions.

What is a Property and Financial Affairs Lasting Power of Attorney?

You can use this to choose one or more people to make decisions on your behalf about your finances/money and property, for example:-

  • paying bills
  • collecting benefits
  • selling your home

You can appoint someone to look after your property and financial affairs at any time.

Our team at Darton Law is able to take you through the entire process and help you to decide if an LPA is something that would assist you, either now or in the future. We are able to advise you on various issues, such as:-

  • Who can make a Lasting Power of Attorney?
  • Why you should consider making a Lasting Power of Attorney?
  • When you should make a Lasting Power of Attorney?
  • Who should you appoint as your “Attorney”?
  • Who can be your “Attorney”?
  • Who cannot be your “Attorney”?
  • How to register a Lasting Power of Attorney with The Office of the Public Guardian and what is the registration fee?
  • How to cancel or end a Lasting Power of Attorney

We are able to offer either a fixed fee service or reasonable and competitive hourly rates, depending upon your requirements.

Please do not hesitate to contact us by e-mail or telephone for further information and advice.
You can rest assured that your query will be dealt with in the strictest confidence.

FAQ

A legal document known as a “lasting power of attorney” enables you to designate one or more people to act as your agents while you are still alive. Attorneys are the individuals you choose to handle your affairs. Although many people set them up at the same time as getting their will made as part of future preparation, a lasting power of attorney is a legally distinct document from your will.

The LPA comes in two varieties.

A health and care LPA enables your attorney to make decisions regarding your daily care and medical care. This can include your place of residence, your diet, your medical care, and the people you interact with.

a choice related to money LPA permits your lawyer to manage (and make choices regarding) your finances and property. Paying your debts, selling your property, obtaining your pension, and receiving benefits are a few examples of this.

If you have a durable power of attorney in place, you may rest easy knowing that if you can’t manage your affairs yourself during your lifetime, someone you trust will. For instance, a disease, advanced age, or an accident could all contribute to this.

By having a durable power of attorney in place, you can give your agent the power to handle your finances, manage your property, and make decisions regarding your health and welfare. In addition to giving your attorney specific directions, a durable power of attorney might also state your general preferences. In order for you to know that the things that matter the most will be taken, your LPA should reflect your specific intentions.

If you don’t have a lasting power of attorney (LPA), nobody has the legal authority to handle your affairs, such as accessing your bank accounts, investments or selling your property on your behalf. Some people mistakenly believe that their spouse, partner, or children will automatically be able to manage these tasks, but in reality, nobody has the automatic authority to make decisions for you.

If you want someone to have the legal authority to handle your affairs, that person would need to apply to the Court of Protection. The court will then appoint a “deputy” to manage your affairs, which is a much more complicated and costly process than appointing an attorney under an LPA.

To avoid the complicated and costly process of appointing a deputy, consider making a lasting power of attorney to ensure that a specific person has the legal authority to take care of your affairs.

The type of LPA you have determines its effect. A health and care LPA only comes into effect when you lose mental capacity and are unable to make decisions on your own. On the other hand, a financial decisions LPA can take effect before you lose the ability to make decisions, but only with your permission. If you don’t give permission, the financial decisions LPA will only come into effect once you’ve lost mental capacity, similar to a health and care LPA.

The person you select as your witness should be 18 years old or older and mentally capable. Your attorneys cannot serve as your witness. If you fail to have your LPA properly witnessed, it could be deemed invalid.

When you die, your lasting power of attorney (LPA) ends, and your attorney will no longer have the power to make decisions on your behalf. The responsibility of managing your affairs will instead rest with the executors or administrators of your estate.

In the event that your appointed attorney becomes severely ill or passes away, the next steps will depend on the provisions of your LPA and whether you are capable of making decisions at that point.

If you have designated additional attorneys in your LPA, they may be able to take over the role. Conversely, if you have only designated one attorney, you will have to create a new LPA and appoint new attorneys if you are still able to do so.

However, if you don’t establish a new LPA and your sole appointed attorney is unable to act, your LPA will be invalid and cannot be utilised.

It’s advisable to appoint an alternate solicitor who can take over if the primary solicitor is unable or unwilling to act when required.

However, it is not recommended to appoint multiple solicitors to act jointly as it can lead to difficulties. Some people assume that appointing their spouse and children to act jointly is the best option, but it requires all solicitors to act together on every decision. This remains the case even if one solicitor becomes ill or passes away, rendering the LPA ineffective.

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