Lasting Powers of Attorney

There may come a time when you are unable to look after your affairs, whether through mental incapacity or ill-health. There are a few things you can do to safeguard your interests.

Lasting Powers of Attorney

There may come a time when you are unable to look after your affairs or require assistance to do so.  To protect yourself and your interests, there are legal documents you can put in place, whilst you have mental capacity, known as Lasting Powers of Attorney (LPA).

• Property and Financial Affairs LPA  

A property and financial affairs LPA gives a person or persons of your choosing, known as an attorney, the legal authority to deal with all aspects of your finances as well as any assets you own, including your house.

Your attorneys can use a property and financial affairs LPA, once registered, under your instruction with your permission, whilst you still have mental capacity. This can be useful if, for example if you have mobility issues and are unable to attend your bank yourself or are going abroad for an extended holiday.

If you lose the ability to make decisions (loss of mental capacity), your chosen attorney or attorneys will take over decision making in relation to your financial affairs and they are under a legal duty to act in your best interests when doing so.

• Health and Welfare LPA  

A health and welfare LPA gives a person or persons of your choosing, the legal authority to deal with all aspects of your medical and social care, including your housing needs, and anything relating to your personal welfare.

The LPA can only be used if you have lost mental capacity and are unable to make decisions regarding your health and welfare for yourself. This may be a temporary incapacity, or it may be permanent. Your attorney or attorneys will make decisions for you when you are unable to do so and they are under a legal duty to always act in your best interests.

Both the property and financial affairs LPA and a health and welfare LPA must be registered with the Office of the Public Guardian (OPG) before they can be used. The OPG charge a court fee for registering the LPA.

If you or a loved one has lost mental capacity and have not made the appropriate Lasting Power of Attorney, an application to the Court of Protection will need to be made to appoint someone to look after your/their affairs.  For more information on Court of Protection applications, click here.

 If you would like to put in place Lasting Powers of Attorney, our team would be more than happy to meet with you, discuss your wishes and tailor the document to your bespoke needs.

For more information on Lasting Powers of Attorney, click here.  

Enduring Powers of Attorney

It is no longer possible to create an Enduring Power of Attorney (EPA) as these were replaced by Lasting Powers of Attorney from 1st October 2007. Existing EPAs made before this date remain valid and can still be used today.

If you have capacity to do so, it is recommended to replace your EPA with a Lasting Power of Attorney. EPAs are restrictive as they only cover decisions in relation to property and financial affairs and do not allow your attorney to make decisions in relation to your health and welfare needs. Furthermore, an EPA also needs to be registered when you start to lose or have lost mental capacity which can cause a delay to your attorneys being able to assist you.

Our specialist team can assist in creating Lasting Powers of Attorney, if you have mental capacity to do so. Alternatively, if mental capacity has been lost, an application to register an EPA can be made on behalf of your attorneys.  

General Powers of Attorney

If you need someone to manage your affairs in the short term, a General Power of Attorney, also known as an Ordinary Power of Attorney, is a legal document which allows you to appoint someone you trust, known as an attorney, to manage your affairs temporarily while you are unable or unavailable to do so yourself, such as if you are in prison or travelling.

If you lose capacity, your attorneys can no longer act under a General Power of Attorney.

Our specialist team can assist you in the preparation of a General Power of Attorney that is bespoke to your individual circumstances.

Other services

We can also help you with matters relating to Court of Protection, Next of Kin and Wills. Please contact us if you would like any assistance with these matters.

For information about Court of Protection, click here.

For information about Wills, click here.