Handling Other People’s Affairs

Lasting Power of Attorney (LPA)

1. What is it?

A Lasting Power of Attorney allows people you trust and you choose to make decisions and act on your behalf if you can no longer make decisions or do things for yourself. There are two types:

Property and Affairs LPA which allows you to choose people who can make decisions for you about how to manage your affairs and spend your money.

Personal Welfare LPA which allows you to choose people to make decisions about your healthcare and welfare. This includes decisions to refuse or consent to treatment and where you live.

You can make LPAs at any time while you have capacity. LPAs are registered with the Office of the Public Guardian and can only be used once they are registered. They are subject to the principles of the Mental Capacity Act 2005….. read more

2. Why you should have one?

If you suffer some form of mental or physical incapacity which stops you from managing your own affairs you will need someone who can help you with decisions and day to day running of your affairs and your care.

Banks, Building Societies and other institutions will not deal with anyone else apart from you to deal with your accounts, unless there is an attorney who can act on your behalf. This will make it difficult to make financial arrangements should you lose capacity. This will complicate an already stressful time and there may have to be a lengthy and expensive application to obtain a Deputyship from the Court.

A well drafted LPA can make sure that you are looked after and cared for by the people you choose in a way that you decide. How the attorney must behave, their responsibilities and any instructions or guidelines you have are decided by you in advance. This will give you certainty for your future care.

3. How we can help?

Our experienced solicitors can help you draft effective LPAs which will ensure that your wishes are clear and easy to follow should you lose capacity. We will guide and advise you on the effect of your LPA. We will advise your attorneys of their responsibilities and we will register the LPA when this is necessary.

Depending where you live we can visit you in your home however, we can also manage the process remotely whilst ensuring that any local requirements, such as certificate provision, are met by our local QualitySolicitors partners.

Please complete the online form or call the advice line on 0800 377 70 70 for further information.