Power of Attorney

A Lasting Power of Attorney (LPA) allows trusted people to make decisions on your behalf if you lose mental capacity. That can happen after an accident, or if your cognitive function declines later in life, perhaps due to Alzheimer’s disease.

The LPA appoints a couple of trusted people to act on your behalf, and make decisions about your finances and / or your welfare. There are two types of LPAs: (i) one for your property and financial affairs, and (ii) one for your health and welfare.

It’s a really good idea to have one in place, particularly for your property and financial affairs. If you don’t have an LPA, your loved ones will have to apply to the Court of Protection so that they can make these decisions for you. That process is expensive, time-consuming, and often stressful.

Your LPA only takes effect if you lost capacity, mentally or physically. So if you remain in good health all your life, it will never be used. You can also revoke it at any time, and change your appointed attorneys.

Think of it as a sensible back-up document that will save your loved ones time, money, and the emotional upheaval of a court process.

An LPA for your property and financial affairs is the most common type of power of attorney.

Your appointed attorneys will be able to:

• pay bills for you
• set up standing orders or direct debits
• pay care fees, sell property
• withdraw money from your bank account
• handle your investments

A health and welfare LPA allows your attorney to decide things like:

• where you live
• the type of care you receive
• consenting to medication or medical treatments
• whether to continue life-sustaining treatment.

If you’d like us to draft an LPA for you, it’s a fairly straightforward process:

1. Come and have a chat with us first. We’ll discuss which LPA you want, and who you want to act as your attorneys. We’ll make sure everything is clear for you and you’re happy with what the document(s) will mean for you.
2. We draft your LPA in line with your wishes
3. You sign the LPA in the presence of two witnesses
4. We register the LPA at the Office of the Public Guardian.
5. We retain a copy at our offices. You will also have a copy to keep for yourself, and another copy to give to each of your attorneys, if you want to.

With a professionally drafted LPA you can be confident that it will be valid and enforceable. We can make sure it meets your specific circumstances and nothing is left out inadvertently.