Our Private Client Department has a wealth of experience dealing with all matters relating to the Lasting Powers of Attorney.  Our team are on hand to provide expert legal advice that is specific to your individual needs. Your expert will work with you to find the best solution and discuss the different options available.

When making plans for the future one important decision to make is who will have the responsibility of making decisions for me when I am unable to?

Many people choose to create a Lasting Power of Attorney (LPA) to provide protection should they become unable to make their own decisions in the future. Creating a Lasting Power of Attorney is a good way to ensure that your wishes will be respected in the future if you should ever be in a position due to illness or injury where you are unable to make your own decisions.

As a Lasting Power of Attorney is an important document giving a lot of power to another person, it must adopt a specific legal format and carries with it the following safeguards:

• It must be registered with the Office of the Public Guardian before it can be used by the attorney
• Before it is registered, certain “named” persons related or connected to the donor can be notified and will have the opportunity to object
• It must contain a certificate from an appropriate person that the donor understands the LPA and has not been put under any pressure to make it.

There are two types of Lasting Power of Attorney:

• Property and Financial Affairs Lasting Power of Attorney – used to appoint someone (an Attorney) to manage your money and assets, such as paying bills, managing bank accounts, collecting benefits and pensions, or buying and selling investments and/or property on your behalf.
• Health and Welfare Lasting Power of Attorney – used to appoint someone to take decisions which impact upon your medical condition and personal welfare such as where you live, your day-to-day care or specific medical treatments.  It can also allow your Attorney(s) to give or refuse consent to life-sustaining treatment on your behalf.  This can be used as an alternative to a Living Will or Advance Decision.

Why make a Lasting Power of Attorney? 

If a Lasting Power of Attorney is not in place and you become unable to deal with your affairs, an application has to be made for the appointment of a Deputy. Deputies are appointed by the Court of Protection and the person appointed may not be someone you would have chosen to act on your behalf. In addition, the appointment of a Deputy is much more time consuming and expensive than the appointment of an Attorney under a Lasting Power of Attorney.

How we can help:

We can deal with the whole process for you, from drawing up the Lasting Power of Attorney, notifying anyone who needs to be informed, acting as certificate provider and registering it with the Office of the Public Guardian.

Our services include:

• Detailed consideration of your wishes and the drawing up of a suitable Lasting Power of Attorney to reflect these
• The appointment of a person you trust to make these decisions on your behalf
• The certification of the Lasting Power of Attorney – which confirms that the person making the Lasting Power of Attorney has the mental capacity to do so
• Registration of the Lasting Power of Attorney with the Office of the Public Guardian
• You will be provided with your own dedicated expert, ensuring that you have a point of contact at all times.  We also offer a fixed rate for all LPA related matters. 

We offer a personal service to our clients that is second to none.  We understand how important it is to make plans for the future.  With this in mind, we aim to go above and beyond your expectations and provide you with an LPA that you are completely happy with. 

Having an LPA prepared by an expert will provide you with the peace of mind knowing that you have taken steps to ensure you have protected your future, whatever the outcome.