Creating a lasting power of attorney
Lasting Powers of Attorney (LPAs) are the only safe way of ensuring that a family member or other person you trust will be able to manage your affairs on your behalf in the event of an incident or illness which results in you being unable to make decisions yourself. You can only make an LPA whilst you have the capacity to do so and understand the nature and effect of the document.
There are two types of power which can be created in advance:
- A property and affairs LPA allows your attorneys to deal with your property and finances as you specify, for example buying and selling property, dealing with your investments and bank accounts, claiming pensions and benefits, paying your bills and generally keeping your financial affairs in order. It is possible for your attorneys to act under your property and affairs LPA while you have mental capacity provided they have your consent to do so.
- A health and welfare LPA allows your attorneys to make decisions about your welfare and health care. This can include where you should live and who you should live with, your day-to-day care routine, who you may have contact with and arranging assessments for and the provision of community care services. Your health and welfare LPA can also, if you choose, extend to giving or refusing consent to the continuation of life sustaining treatment. This LPA can only be used when you lack capacity to make these decisions yourself.
If you suffer an accident or lose capacity due to deteriorating mental illness then without an LPA, your family members would not automatically have the legal authority to manage your affairs. An application would have to be made to the Court of Protection to decide who should manage your affairs. The cost of making an LPA is far less than appointing a deputy through the Court of Protection.
We will store your original Lasting Powers of Attorney, free of charge.
For advice on lasting or enduring powers of attorney, please contact:
Visits to a home or nursing home
For elderly or disabled clients, we can arrange to visit you at home or in a care home.
For information on legal costs
Please call our private client team to obtain a bespoke quotation.