Lasting Powers of Attorney

A Lasting Power of Attorney is a document that you make to appoint people that you trust to help manage your affairs when you cannot.

There are two types of Lasting Power of Attorney:

Property and Business affairs
Health and Welfare

Depending on your circumstances you can obtain one or both of these Lasting Powers of Attorney. However the important point to note is that these are only available if the person making the Power of Attorney is fully mentally capable of understanding the effect and implications of the document.

We can advise you as to which LPA is the most appropriate for you and will guide you through the process of choosing your Attorney, determining if there are any restrictions you would like to place on the Attorney’s powers and in what circumstances your Attorney can act. Once we have discussed these matters with you we can then register the LPA with the Court of Protection on your behalf.

Who can make an LPA?

Anyone over 18 years of age who has the mental capacity to understand the nature and effect of an LPA.

Why should you think about making an LPA?

It should be part of your planning for the future. Your Will deals with your affairs after you have passed away; similarly, LPA’s deal with your affairs during your life-time.

When should you make an LPA?

Anytime really, but most people will think of making one when they fear they may not be able to manage their everyday (or more major) affairs. The majority of people who make an LPA do so in their senior years.

Who should you appoint as your “Attorney”?

It can be anybody over 18 years of age who has mental capacity and is not excluded by the regulations from being an Attorney. Most people will appoint family members.

That is probably the best starting point. You can have more than one Attorney and you can even decide what role they play by reference to the LPA.

What is a “Certificate Provider”?

There are two types: (1) it can be someone who has known you well for at least 2 years (apart from a relative (or a relative of your Attorney) and can vouch that you know and understand what you are signing) or (2) a professional person (usually, your Doctor) who can say that he/she has the requisite qualification and has discussed the LPA with you and believes that you have understood the effect of the LPA.

When can an LPA be used?

In the case of a property and business affairs LPA it can be used whenever. In the case of a Health and welfare LPA, only when your Attorney believes that you do not have the mental capacity to take decisions affecting your personal welfare needs.
However, the LPA cannot be used before it is registered with the Office of the Public Guardian.

Is it complicated to make an LPA?

No, but it does require you to think beforehand to consider what kind of LPA you want and what its powers are going to be. The simplest LPA involves appointing a single Attorney who is appointed to manage your property and business affairs and another LPA appointing the same Attorney to manage all your health and welfare decisions when you cannot and in each case the power to act is unconditional. A complicated one could add restrictions and limitations of various powers of the Attorney and you could appoint several Attorneys to deal with different aspects of your personal and financial affairs.

What help is there to guide you?

We are here to help you focus on the issues that you need to think about in relation to LPA’s.

The cost?

Our charge will be based on the amount of time we spend with you in carrying out your instructions. If you decide to ask us to help you, you will be told beforehand what our rates will be and you will be given some guidance as to the total costs.

What next?

The advisors here are committed to acting in the best interests of each and every client and part of this role is making out of office visits where necessary and subject to availability.

If you would like any further information about LPA’s please do not hesitate to contact one of our advisors in our Private Client Department.

The fee paid to the Office of the Public Guardian has been reduced so this is a good time to come in and see us about making your Lasting Power of Attorney.