wills & probate

Lasting Power of Attorney

There are two types of Lasting Power of Attorney; one to deal with property and affairs, one to deal with personal welfare.

Personal Welfare

A Personal Welfare Lasting Power of Attorney allows your attorneys to make decisions on your behalf regarding your personal welfare should you not have the capacity to make those decisions yourself.

This may include day to day decisions concerning your care as well as those concerning your healthcare and medical treatment.

They may also make decisions on where you should live, consenting or refusing medical treatment, as well as decisions about day to day matters such as diet and dress.

There is also a specific section in the Lasting Power of Attorney where the donor can specify whether they would like their attorneys to have the power to either refuse or consent to life sustaining treatment.

Property and Affairs

A Property and Affairs Lasting Power of Attorney gives your attorneys the ability to manage your property and financial affairs.

In the absence of any restrictions the attorneys will be able to make decisions concerning any or all of your property and finances.

These decisions may include whether to sell the donors property, operating bank accounts and dealing with the donorís pension arrangements.

The attorneys can act for you if a physical problem prevents you from dealing with your affairs, however, they can continue to act even if you lose your mental capacity.

Being without a Property and Affairs Lasting Power of Attorney

Without a Property and Affairs Lasting Power of Attorney, if you lose your mental capacity an application would have to be made to the Court of Protection to appoint a Deputy to manage your affairs.

This can be a long and expensive process and as a result, many people decide to make a Lasting Power of Attorney to avoid uncertainty in the future.

Who can act for me?

You can choose anybody to act as attorney for you as long as they are over the age of 18 and, in respect of property and affairs; they are not bankrupt at the time the Lasting Power of Attorney is made.

It is essential you select somebody you trust and therefore most people choose their spouse, children or another close relative or friend.

When can the Lasting Power of Attorney be used?

Even after it has been signed, your attorneys cannot act for you until it has been registered with the Office of the Public Guardian.

Although it is not essential to register it immediately we recommend that you do so. The registration process takes approximately 8 to 10 weeks.

How can we help?

By registering your LPA immediately, we can ensure your attorneys can act for you without delay should the need arise.

If you decide to make a Lasting Power of Attorney we will meet with you to discuss your requirements in more detail and prepare the Lasting Power of Attorney for your approval.

A certificate provider will need to sign the Lasting Power of Attorney to confirm that you understand the contents of the documents.

As the solicitor who prepares your Lasting Power of Attorney we will usually be able to act as certificate provider at no additional cost.

After being signed by all parties we will prepare the documentation needed to register the Lasting Power of Attorney with the Office of the Public Guardian.

Our charges cover both the preparation of the Lasting Power of Attorney and the work required to register it.

Further reading:

What is a Power of Attorney? (Wills & Probate)

Enduring Power of Attorney (Wills & Probate)

Making or amending a Will if you are divorced (Wills & Probate)

This article is for general information purposes only. It does not constitute technical, financial, legal advice or any other type of professional advice and is no substitute for specific advice based on your individual circumstances. We do not accept responsibility or liability for any actions taken based on the information in this article. For more information, please click here.