Lasting Powers of Attorney
Completing a Lasting Power of Attorney (LPA) alongside your Will can be invaluable in safeguarding your future by ensuring your loved ones can make decisions on your behalf, whether it’s for your property and financial affairs or health and welfare.
More About Lasting Powers of Attorney
LPAs are legal documents that allow one or more people chosen and trusted by you to make decisions on your behalf if you no longer have the capacity to do so; for instance, if you were to suffer a stroke or from dementia. It’s a future-proofing tool that helps you to maintain control over your life and future decisions by choosing the people you trust, providing peace of mind and ensuring your wishes are respected and preventing costly legal complications.
Sadly, if you or a member of your family loses capacity before having put an LPA in place, your loved ones have to apply to the Court of Protection who will then decide who should make important health and financial decisions. In this instance we are able to assist in the proceedings to make the process run as smoothly as possible.
Lasting Powers of Attorney for Property & Financial Affairs
A Property & Financial Affairs LPA grants your attorney(s) the authority to manage your finances, property, and assets should you become unable to do so. Unlike a Health & Welfare LPA, this can be used both while you have mental capacity (with your permission) and if you lose capacity.
A Property & Financial Affairs LPA allows your attorney to:
- Manage bank accounts and investments
- Pay bills and collect pension payments
- Buy or sell property on your behalf
- Handle tax and financial planning matters
This type of LPA ensures that your financial affairs remain in trusted hands, avoiding potential legal complications and ensuring continuity in financial management.
Lasting Powers of Attorney for Health & Welfare
This type of LPA allows your chosen attorney(s) to make decisions about your healthcare, medical treatment, daily routine, and living arrangements if you lose the mental capacity to do so yourself. It ensures that your personal wishes regarding care and treatment are upheld, giving you greater control over your future well-being.
A Health & Welfare LPA can include decisions such as:
- Where you live and receive care
- What medical treatments you consent to or refuse
- Decisions regarding life-sustaining treatment
This LPA only comes into effect if you are deemed unable to make these decisions yourself.
By appointing a trusted attorney in advance, you avoid the risk of legal delays that could arise if your loved ones are forced to go through a lengthy and costly court process to gain control over your affairs. Having an LPA in place allows you to maintain control over your future by deciding in advance who will make important decisions on your behalf and specifying any particular wishes or restrictions you may have.
In addition to securing your future, an LPA offers protection against financial abuse, as it ensures that only those you have legally appointed can access and manage your assets. This legal safeguard helps prevent unauthorised individuals from interfering with your finances. Having an LPA also simplifies decision-making, reducing the likelihood of disputes among family members by providing clear legal authority to your chosen attorney. By putting an LPA in place, you create a secure, structured plan that upholds your wishes while relieving your loved ones of the burden of navigating complex legal processes during difficult times.
If you need advice and support regarding the assignment of a Lasting Power of Attorney, contact us today.
This specialist court makes decisions on behalf of those who are unable to do so themselves, ensuring that their best interests are protected under the Mental Capacity Act 2005.
The Court of Protection is responsible for appointing a Deputy, who is granted legal authority to manage the individual’s affairs in a similar way to an attorney under an LPA. However, applying to the Court for a Deputyship Order can be a lengthy, costly, and complex process. The court will assess the suitability of the proposed Deputy, and ongoing supervision may be required to ensure decisions are made in the individual’s best interests.
Without an LPA in place, families will likely experience delays in accessing bank accounts, paying bills, or making important care decisions, leading to unnecessary stress during an already difficult time. By setting up an LPA in advance, you can avoid the need for court intervention and ensure that someone you trust is legally authorised to act on your behalf.
If you or a loved one needs to apply to the Court of Protection for a Deputyship Order, our expert solicitors can guide you through the process, ensuring the application is handled efficiently and with the necessary legal support. Contact us today for professional advice and assistance.
Frequently Asked Questions
A General Power of Attorney (also known as an Ordinary Power of Attorney) allows someone to manage your affairs but only while you still have mental capacity. It is often used for short-term situations, such as if you are abroad or physically unable to manage your finances.
A Lasting Power of Attorney (LPA), however, remains valid even if you lose mental capacity. It allows your chosen attorney(s) to make important decisions regarding your health and welfare or property and finances if you are unable to do so yourself.
If you lose mental capacity without an LPA, your loved ones will need to apply to the Court of Protection for a Deputyship Order to gain legal authority over your affairs. This can be a lengthy, expensive, and stressful process, and the court may appoint someone who you might not have chosen yourself.
By setting up an LPA in advance, you retain control over who makes decisions for you, ensuring your wishes are respected.
The cost of a Lasting Power of Attorney is typically £500-£600 and includes the solicitors fees and the Office of the Public Guardian (OPG) registration fee. Fee exemptions or reductions may apply if you have a low income or receive certain benefits.
At Howard & Over, we offer transparent pricing and expert guidance to ensure your LPA is set up correctly.
Contact us for a personalised quote.
On average, it takes 8 to 12 weeks for the Office of the Public Guardian to process and register an LPA, assuming there are no errors or objections.
To avoid delays, it’s best to get expert legal assistance when completing your application. We can help ensure your forms are correctly completed and submitted as efficiently as possible.
Your attorney must be:
- Over 18 years old
- Someone you trust completely (e.g., a family member, close friend, or professional)
- Financially responsible (for Property & Financial Affairs LPA)
- Willing and able to take on the responsibility
It is important to choose someone who understands your values and preferences, as they will be making significant decisions on your behalf.
This depends on the type of Lasting Power of Attorney:
- Property & Financial Affairs LPA: Can be used immediately once registered, even if you still have mental capacity (if you choose).
- Health & Welfare LPA: Can only be used if you lose mental capacity and cannot make decisions yourself.
Your attorney must always act in your best interests, following the guidelines set out in the Mental Capacity Act 2005.
This depends on the type of Lasting Power of Attorney:
- Property & Financial Affairs LPA: Can be used immediately once registered, even if you still have mental capacity (if you choose).
- Health & Welfare LPA: Can only be used if you lose mental capacity and cannot make decisions yourself.
Your attorney must always act in your best interests, following the guidelines set out in the Mental Capacity Act 2005.
Yes, you can appoint multiple attorneys and decide how they make decisions:
- Jointly: They must all agree on every decision.
- Jointly and severally: They can act together or separately, offering more flexibility.
- Some decisions jointly, others severally: You specify which decisions must be made together.
Having more than one attorney can provide checks and balances, reducing the risk of misuse. However, it’s essential to choose people who can work together effectively.
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