A Lasting Power of Attorney is a versatile and useful document. It exists to enable you to appoint a person or a number of people (your attorneys) to act on your behalf.
Our solicitors will discuss with you your needs and options to enable you to choose which LPA(s) best suit your requirements.
There are two types of Lasting Power of Attorney:
If you choose more than one attorney you will need to decide whether they are to act jointly (they should all agree on the decision) and/or severally (the attorneys can make decisions on their own or with the other attorneys)
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Your attorney can be your spouse, partner, relative(s), friend(s) or professional(s) and should be 18 years or over and have the mental capacity to make their own decisions.
When choosing an attorney think about:
You cannot choose someone subject to a debt relief order or is bankrupt for a Property and Financial LPA.
When you make your LPA you can nominate other people to replace your attorney(s) if at some point they cannot act on your behalf.
You can nominate independent people to be notified that you are making an LPA. This can give you some confidence in knowing that there is some measure of accountability for your chosen attorney(s).
You will need to select a “certificate provider” who can sign the LPA to confirm you understand what you are doing and entering into the LPA of your own free will, with a good comprehension of the implications and consequences of doing so. The certificate provider can be a legal advisor, medical practitioner or other close friend, neighbour or colleague that your have known for at least two years.
An LPA cannot be used by your attorney(s) until it has been registered with the Office of the Public Guardian. Our advice is to register the document once it has been prepared and signed. You can include guidance and restrictions within your LPA.
You can revoke your LPA provided you still have mental capacity, even if it has been registered.
If you do not have a Lasting Power of Attorney in place and you lose your capacity, your financial affairs can still be managed for you by someone making a Deputyship application on your behalf.
However, this can be an expensive and time-consuming process and does not guarantee that your affairs will be managed in the way you might have intended.
Although a Lasting Power of Attorney will give you the opportunity to place someone in charge of your daily life decisions, should you reach a stage of no capacity, a Will can ensure the protection and proper distribution of important assets you wish to gift, donate or pass on when you die.
If you would like to learn more about creating your Will and why it is important to have one, no matter your age, income or the value of your estate, please read more about our Will writing services or contact our expert Will Writing Solicitors for a free initial 15 minute telephone appointment.
We offer a free initial 15 minute telephone appointment to give you the opportunity to speak to us about a Lasting Power of Attorney, before deciding if you wish to proceed in instructing us to act on your behalf.
Please contact K J Smith Solicitors on 01491 630000 (Henley on Thames Head Office), 0118 418 1000 (Reading), 0118 418 1200 (Reading Central), 01256 584000 (Basingstoke), 01483 370100 (Guildford), 01494 629000 (Beaconsfield), 01344 513000 (Ascot), 01635 785 100 (Newbury), 01962 587900 (Winchester), 023 8200 2111 (Southampton), 01727 295 555 (St Albans) or email email@example.com.
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