Overview
Lasting Powers of Attorney (LPA) Solicitors
Making a Lasting Power of Attorney ensures you are taken care of no matter what life throws your way. Our friendly team of experts can guide you step-by-step through the process of making an LPA, from advising you on selecting an attorney, right through to making sure the necessary documents are drafted and signed correctly. If you’re considering appointing an attorney to secure your future, we can help.
Book a free 30-minute, obligation-free consultation with our friendly team today
What is a Lasting Power of Attorney?
A Lasting Power of Attorney can be thought of more as an insurance policy that we hope we will never need to use. It protects you and your assets if anything happens to you that causes you to lose your capacity by transferring any decision-making powers to someone that you have appointed as your attorney.
Making an LPA is simple with the correct help. A Lasting Power of Attorney is a document in which the donor (you), gives another person or persons (known as ‘attorneys’) the authority to make important decisions on your behalf if you lose your capacity. Your selected attorney or attorneys must be someone that you trust will act in your best interests.
There are two types of LPA:
- Lasting Power of Attorney for Property and Financial Affairs - This gives your attorney(s) authority to assist with matters such as managing your bank accounts and investments, collecting benefits and pensions and buying and selling property on your behalf.
- Lasting Power of Attorney for Health and Welfare – This allows your attorney(s) to make decisions about the type of medical treatment and care services you receive, whether you move into a residential care home and, if you wish, decisions about giving or refusing consent to life-sustaining treatment.
The Lasting Power of Attorney for Property and Financial Affairs can also be used while you still have mental capacity such as if you have problems with your mobility or just want to be able to have someone you trust look after your property of certain of your financial affairs.
Who needs a Lasting Power of Attorney?
Our lives can change unexpectedly and sadly, we can lose the mental capacity to make important decisions.
Progressive illnesses, like Alzheimer's Disease, can cause you to lose mental capacity slowly over time. Or your circumstances may change suddenly after a stroke or a major accident. We can’t always predict what will happen to us, so it’s important to plan ahead whilst we can. Once you lose the ability to understand Powers of Attorney, it’s already too late to register your wishes by law.
It is important to appoint someone you trust to take over your decisions if you’re no longer able to do so yourself. It is also important that they acquire the appropriate set of skills to make the proposed decisions. We offer support for both those looking to make an LPA and those who have been named as an attorney themselves.
For business owners, an LPA can protect your business interests
If you would like to find out more about making a Lasting Power of Attorney please complete our enquiry form and a member of our team will be in touch to discuss your situation.
Why Jackson Lees?
It is very important to seek independent legal advice before making a Lasting Power of Attorney. To make an LPA, you must prove that you understand what is involved. At Jackson Lees, our team can guide you through the process, so you are fully informed of the situation and the potential pitfalls. We will also provide you with advice to make sure your LPAs are tailored to your specific needs.
Once you have clarified your wishes and the people you trust as attorneys, we will complete the necessary application forms on your behalf. We will then arrange for them to be signed by everyone involved and apply to the Office of the Public Guardian for registration.
We understand that it can be difficult to make decisions for your future, but you deserve peace of mind. That’s why our team are on hand to offer advice and practical support with a friendly and sensitive approach. You can visit us in our Liverpool or Wirral offices or we can help you appoint your LPA from the comfort of your own home. Call us today to book your free 30-minute consultation to discuss your options, or make an enquiry.
Some articles you may find interesting are below:
- Why make a Will
- Can you make a Will online
- Making a Lasting Power of Attorney from home
- Estate administration under lockdown
- Contesting a Will - what Netflix got right
FAQs
Q. What is the role of an attorney?
If you have been named as an attorney on behalf of a loved one, your role may vary depending on the type of Lasting Power of Attorney (LPA). You may be given responsibilities regarding financial or healthcare decisions, and can only act in areas specifically referenced in the registered LPA.
As an attorney, you must always act in accordance with the terms of the LPA, to fulfil the donor’s wishes. Above all, attorneys are charged with acting in the donor’s best interest. Where possible, you should help the donor to make their own decisions, rather than simply taking control.
Our lawyers can provide trusted advice and support if you have been named as an attorney. We know this is a tough responsibility and we will be with you every step of the way.
Q. What is the difference between Enduring Powers of Attorney (EPA) and a Lasting Power of Attorney (LPA)?
EPAs, or ‘Enduring Powers of Attorney’, were replaced by Lasting Power of Attorney (LPAs) in 2007. The main difference between an EPA and LPA is the requirement for registration. Under the old rules, an Enduring Power of Attorney only needed to be registered once the donor lost mental capacity. Since 2007, Lasting Powers of Attorney must be registered with the Office of the Public Guardian before it is possible for them to be used.
If you created an EPA before October 2007, get in touch to see whether it needs to be registered.
Q. Who can make a Lasting Power of Attorney?
Anyone with mental capacity to understand their decisions can make an LPA. However, they cannot make one alone. To prove that you understand your decisions, you’ll need a Certificate Provider.
Your Certificate Provider must be a professional or have known you for more than two years, as more than just a casual acquaintance. They shouldn’t be connected to your attorneys in any way, to prevent any risk of bias. We recommend choosing a professional solicitor, financial advisor and/or doctor as your designated Certificate Provider.
Q. What if I don’t have a Lasting Power of Attorney?
Without a Lasting Power of Attorney, your loved ones may find it difficult to manage your affairs. They may not know your wishes or may not be able to agree what’s best.
If you don’t have an LPA, your loved ones may need to apply for a deputyship order. Deputyship gives them the right to make decisions on your behalf; but it doesn’t let you choose your attorney. Applying to the Court of Protection can be costly and time-consuming, but we have a specialist team who can help with this process. However, if you have the opportunity to plan ahead, an LPA is the best way to clarify your wishes.