Lasting Power of Attorney
Although creating a valid LPA may appear simple, completing the paperwork too quickly and without careful thought or professional advice can lead to serious and costly problems.
Our experienced Lasting Power of Attorney team will guide you clearly through each step of the process and help reduce the risk of problems arising. We can advise you on who to appoint as your attorneys, ensure they understand their responsibilities, and clearly explain the different ways they can be authorised to make decisions on your behalf.
Our team of Lasting Power of Attorney specialists can also help you choose suitable replacement attorneys and make sure your Lasting Power of Attorney is clear and robust, so it is less likely to be questioned or refused by medical professionals or the Office of the Public Guardian (OPG).
We are experienced in drafting a wide range of powers of attorney for all purposes. Our solicitors can help cater for an individual losing capacity, deal with a specific transaction, or assist for business purposes.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that allows a person (known as the “donor”) to appoint one or more trusted individuals to make decisions on their behalf. These decisions can relate to their health and personal welfare, or their property and finances, either now or in the future.
An LPA is particularly important in case a person becomes unable to make their own decisions, for example due to illness or an accident affecting their mental capacity. In such circumstances, important matters—such as managing finances or making medical decisions—must still be handled. Seeking advice from a solicitor can help ensure the LPA is properly understood and prepared. It is advisable for everyone to consider putting an LPA in place, regardless of age or current health.
There are two types of LPA:
- Health and Welfare LPA
- Property and Financial Affairs LPA
Health and Welfare Lasting Power of Attorney
A Health and Welfare LPA allows an individual to appoint someone they trust to make decisions about their health and personal wellbeing. This may include decisions about medical treatment or living arrangements, should they lose the ability to decide for themselves.
This type of LPA can also give the appointed attorney the authority to accept or refuse life-sustaining treatment on the donor’s behalf, if the donor chooses to include this power.
A Health and Welfare LPA can only be used once it has been registered with the Office of the Public Guardian (OPG), and only when the individual no longer has the mental capacity to make their own decisions.
Property and Financial Affairs Lasting Power of Attorney
A Property and Financial Affairs LPA allows an individual to appoint someone to manage their financial matters and property. This may include tasks such as paying bills, managing bank accounts, or handling investments.
Like the Health and Welfare LPA, it must be registered with the Office of the Public Guardian before it can be used. However, unlike the Health and Welfare LPA, it can be used even while the individual still has mental capacity, if they choose to allow this.
Who Should Make a Lasting Power of Attorney?
In our view, everyone should consider making an LPA. Unexpected illness or accidents can affect anyone at any time, regardless of age or circumstances.
A will only takes effect after death. An LPA, on the other hand, ensures that trusted individuals can make decisions on your behalf during your lifetime if you are unable to do so.
Many people choose to arrange their LPA at the same time as preparing their will, giving reassurance that their affairs are planned for both during their lifetime and after their death.
Who Can Be Appointed as an Attorney?
Generally, any person aged 18 or over can act as an attorney. However, for a Property and Financial Affairs LPA, the person appointed must not be bankrupt.
It is very important to choose someone who is reliable and trustworthy, as they will have significant responsibility. Attorneys are often family members, friends, or professional advisers.
If you appoint more than one attorney, you can decide how they will act:
- Jointly – they must make all decisions together
- Jointly and severally – they can make decisions either together or individually
If you are unsure who to appoint or how to structure the arrangement, seeking legal advice can help avoid potential issues or delays.
Contact Our LPA’s Team on Deputyship@gittins-mcdonald.co.uk
For our LPA Price List Click Here