Powers of Attorney have hit the news today after a retired Court of Protection judge said he would never make one. more…
Lasting Powers of Attorney
Our experienced Will and trust solicitors can help you plan for the future and prepare for unexpected illness or injury by establishing a Lasting Power of Attorney (LPA).
A Lasting Power of Attorney enables you to appoint someone to act on your behalf if you’re physically or mentally incapable of making your own decisions in the future.
Types of Lasting Powers of Attorney (LPA)
There are two different types of Lasting Power of Attorney; Health & Care Decisions LPA, and Property & Financial Decisions LPA.
Within your Lasting Power of Attorney you can appoint more than one ‘attorney’ to manage your affairs for you. You can specify what level of authority will be granted to each attorney and you can nominate a certain attorney to act in a particular area on your behalf.
A Property & Financial Decisions LPA can include decisions such as selling your home or paying bills. You can appoint someone at any time, even if you are capable of making the decision yourself.
Lasting Powers of Attorney replaced the Enduring Powers of Attorney in 2007. Whilst still valid, registration of Enduring Power of Attorney will be needed if you lose the mental or physical capability to make decisions yourself.
Registering your Lasting Power of Attorney
You can make an LPA at any time, provided you are mentally and physically able to make your own decisions. The registration process can be lengthy, so we recommend making your LPA well in advance of when you might need it.
Before we can register your LPA, we must notify ‘named’ persons and give them the opportunity to object.
We must also include a certificate to verify that you understand the contents of the LPA and how it operates, and you are not under pressure to make it.
If you need to write or update your Will, create a trust or discuss making a Lasting Power of Attorney, you can speak to our Will, trust + probate solicitors.
Guide to Lasting Powers of Attorney (LPA)
If you're worried about losing mental capacity, a LPA allows you to appoint someone to make decisions on your behalf.
Capacity to make Lasting Power of Attorney
In England and Wales the law in relation to adults who lack the capacity to make decisions on their own behalf is laid down in the Mental Capacity Act 2005 (“MCA”), which is supported by the Code of Practice (“the Code”).