Lasting Powers of Attorney (LPA)

Why we do lasting power of attorney

To allow your Attorney’s to make decisions for you when you grow older – if you need help.

This must be put in place now before its too late.

There are two types of Lasting Power of Attorney (LPA).

They are:

1. A Property and Financial LPA
2. A Health and Welfare LPA

Both types are very important documents because of the wide-ranging decisions that can be made on your behalf by your attorney.  There are a number of safeguards which are built into the system, it is very important that you carefully consider who you want to act as your attorney.  This person could be a relative, guardian or friend.

An attorney cannot make a will for you, so you need to consider your personal wishes for decisions in different, perhaps unforeseen circumstances. The ‘Property and Financial Affairs’ LPA is legally binding once it is registered with the Office of the Public Guardian unless it contains a restriction that it should only come into effect once you have lost mental capacity. The ‘Health and Welfare’ LPA, even when it is registered with the Office of the Public Guardian, it only becomes legally effective once you have lost your mental capacity. If you choose more than one person to be your attorney, then they can act either “jointly” or “jointly and separately”. If they act jointly, then all decisions must be taken by all of your attorneys. If they act “jointly and separately”, then one of your attorneys can take a decision by himself or herself.

What we do

A Lasting Power of Attorney (LPA) is a legal document that you (the Donor) make. It allows you to nominate someone you trust (the attorney) to make decisions on your behalf when you no longer wish to make these decisions yourself, or you may lack the mental capacity to do so.

The ‘Property and Financial Affairs’ LPA  Allows your Attorney to take a wide range of actions in dealing with your property and financial affairs. This could include:

• selling your house;
• dealing with your investments;
• withdrawing monies from a Bank or savings account;
• dealing with your tax affairs;
• paying bills on your behalf (including care and nursing home fees);
• dealing with your benefits.

This can also be used even if you are of sound mind. It can also be helpful if you are unable to make trips to banks and other such places.

The ‘Health and Welfare’ LPA  Allows your Attorney to make decisions about your personal welfare, when you have lost mental capacity (temporarily or permanently) This could include:

• where you should live;
• your day to day care;
• arranging your medical treatment and consenting or refusing such treatment on your behalf;
• arranging a care home for you;
• organising your personal activities
• dealing with social services.

Who we do it for

Everyone over 50 should put this in place for their future peace of mind. If you have investments, you may need an ‘Attorney’ to release funds for you or your family in the future. You may also need them to sell your property if you become incapacitated. If you have a medical situation, your attorney can make decisions in your best interest.

This must be done in advance of any mental capacity issues that may arise in the future as once the need arises, its too late. The LPA contains a number of safeguards to protect you.

The results you can expect

We can talk you through the different options for the two Lasting Power of Attorney’s and ensure you understand each step of the process. We can meet you in your home and talk through your wishes.

At the end of your application, which we do for you, as your certificate provider, it is necessary for the LPA to be registered with the Office of the Public Guardian in order to become legally effective. This costs £82 for each application (one or two) for each person.

What to do now

We would love to help you so please call Sarah on 020 3858 0307  to book your free phone consultation or to arrange for Jeff Meers to visit you at your home or if you prefer at our office by Victoria station.