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Lasting Powers of Attorney
If you need a helping hand with your financial affairs or a voice for welfare decisions, we’ll be there to help you.
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This document allows you to appoint someone to manage your affairs if you become unable to do so.
What is a LPA?
A legal document through which you choose one or more people (“the attorney(s)”) to deal with your financial affairs and/or health and welfare decisions.
There are two very different types of LPA:
- Health & Welfare - your attorney(s) can make decisions if you are unable to do so about your personal welfare and health, including whether to give or refuse consent to medical treatment on your behalf, and deciding where you live.
- Property and Financial Affairs - your attorney(s) can deal with your financial affairs including property transactions.
Who can be an Attorney?
You can appoint anyone over the age of 18 and who is not bankrupt. It can be a family member, friend or a professional such as a Solicitor.
Requirements for making LPAs
The following conditions must be met for an LPA to be valid:
- You must have enough mental capacity when you sign the LPA to be able to understand what an LPA is, and make your own choice of attorney(s).
- An independent person must sign a certificate to confirm that in their opinion you have enough mental capacity to sign an LPA. This can be someone who knows you well, or a qualified person such as a Solicitor or Doctor.
- The LPA has to be registered with the Office of the public Guardian to be valid.
What if someone lacks capacity to make a LPA?
The Court of Protection will decide who should act for you. This is a time consuming and expensive process involving annual returns to the Court. The best thing is to make a LPA while you have the required capacity
What do I do if I want to arrange LPAs?
Contact one of our offices local to you or email your enquiry and we will be pleased to help.
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FAQs
What is a Lasting Power of Attorney?
What is a Lasting Power of Attorney?
What if I don’t make a Lasting Power, and I lose decision-making ability?
What if I don’t make a Lasting Power, and I lose decision-making ability?
How do I set up an attorney?
With a document called a Power of Attorney. Find out more on our Lasting Powers of Attorney page.
Can I make my own Lasting Power at Home?
Yes. You can also take out your own appendix at home. Seriously, one big advantage of using a solicitor is this: if you make a small error, e.g. a wrong date in a 14 page form, the Office of the Public Guardian will keep your Court fee of £110 and you will almost certainly have to do the whole thing again. In the unlikely event that we get it wrong we pay the cost of getting it right. Think of it as an insurance premium of sorts. In addition, we can explain the ins and outs.
Why “Rolls Royce”?
Not so much because of the cost, though it is fairly costly (from about £650 for one person or £1,120 for a couple, including VAT and court fees) but because it will last all of your life (unless cancelled), and give your attorney or attorneys wide and effective powers whether you are well or not. It is also safe and certified.